A hospital worker's claim of unfair dismissal has been dismissed by the Fair Work Commission after he refused to provide sufficient medical and capacity information to his employer. The worker, Ryan Sim, was employed by Monash Health in January 2025 as an International Medical Graduate Affairs Coordinator, a role intended to assist overseas-trained doctors with registration and visa processes.
Shortly after commencing employment, management raised concerns regarding Sim's punctuality, attendance, and task completion. Following Sim's disclosure of ADHD, Monash Health implemented a support plan that included flexible start times, hybrid work arrangements, and mentoring. However, medical certificates subsequently restricted Sim to working only two hours a day, two days a week in a "non-stressful role."
The employment relationship deteriorated, leading Sim to email Monash Health in May 2025 stating he would not return to work until "meaningful changes" were made. He subsequently lodged complaints concerning alleged bullying, workload issues, and psychological safety, and filed a WorkCover claim that was later rejected.
From June 2025, medical certificates indicated Sim had no capacity for work or could only work two hours a day, two days a week in a "non-stressful role" due to an adjustment disorder, anxiety, and depression. Monash Health repeatedly requested more detailed medical information, including specific duties Sim could perform, clarification on what constituted a "non-stressful role," and an estimated return-to-full-duties timeline. Sim consistently declined these requests, citing privacy concerns.
By November 2025, after more than six months away from work, Monash Health terminated Sim's employment, concluding he could not fulfill the inherent requirements of his position. A medical certificate from November 2025 stated Sim could work only four hours a week in a non-stressful role due to depression, anxiety, insomnia, and impaired cognitive functions.
Sim initiated an unfair dismissal case, arguing Monash Health had not adequately explored reasonable adjustments or alternative duties. However, Deputy President Ian Masson of the Fair Work Commission found the dismissal to be justified. Masson criticized Sim's persistent refusal to cooperate with requests for additional medical information, stating it was "difficult to envisage a situation where an employee could have been less co-operative."
Masson noted that Monash Health had provided Sim with at least 10 opportunities to furnish further medical and capacity information, all of which were rejected. The commission also determined that even if the dismissal had been deemed unfair, Sim would not be entitled to compensation, as he had already received four weeks' pay in lieu of notice, exceeding what he likely would have earned before his fixed-term contract expired.