Wildman v Imcd Australia Limited

This case involved a dispute between Mr Kevin Wildman and his former employer, IMCD Australia Limited. Mr Wildman had been employed by Capitol Ingredients Australia Pty Ltd from 1995 until IMCD purchased the business in 2013, continuing his employment with IMCD until his termination. At the time of termination, Mr Wildman had over five years of continuous service and was over 45 years old. The central issue concerned the lawfulness of IMCD's directions to Mr Wildman during a period of sick leave, and whether his subsequent absence constituted an exercise of his workplace right to take personal leave. The matter was heard by Judge Baird.

The court was required to determine whether IMCD's directions to Mr Wildman, including requests for medical examinations, contact with his doctors, and attendance at the workplace despite medical certificates indicating unfitness, were lawful and reasonable. Specifically, the court had to consider whether these directions fell within the implied duty of cooperation at common law and the employer's obligation to provide a safe system of work, or whether they constituted unlawful coercion. A further issue was whether Mr Wildman's absence from work, supported by a series of medical certificates, constituted a temporary absence due to illness or injury, thereby entitling him to paid personal leave.

Judge Baird reasoned that while employers have a duty to cooperate and ensure the health and safety of their employees, these obligations must be exercised reasonably. The court found that IMCD's suspicions that Mr Wildman was abusing his sick leave entitlements were unfounded and not based on reasonable grounds. The medical certificates provided by Mr Wildman were considered sufficient evidence of his unfitness for work. The court distinguished the present case from authorities such as *Qantas* and *Swanson*, finding that IMCD's directions were not reasonable in the circumstances, particularly given Mr Wildman's medical condition and the advice from his doctors.

Ultimately, the court concluded that Mr Wildman was unfit for work due to personal illness and that his absence from 19 January 2018 to 4 May 2018 was a lawful exercise of his workplace right to take paid personal leave. The court found that IMCD's directions were not lawful or reasonable, and therefore, Mr Wildman's absence was not a breach of his employment obligations.