In a recent decision the Fair Work Commission found that Amazon fairly dismissed a delivery station worker who refused to cooperate with an independent medical examination.
The Facts
The employee suffered an injury at work on 16 June 2026. She refused to sign a return-to-work plan on 10 Jun 2025 and was absent from work from about that date, receiving workers’ compensation payments.
On 4 September 2025, Amazon directed her to attend an Independent Medical Examination (IME) which had been arranged for 18 September 2025. The appointment was rescheduled on several occasions due to concerns raised by her. The IME appointment did not proceed because she declined to sign an authority for the IME.
Amazon invited her to a show cause meeting on 19 November 2025 to discuss her failure to participate in the IME process. The meeting was rescheduled twice. She ultimately did not attend a show cause meeting.
Amazon terminated her employment after she did not attend an outcome meeting on 3 December 2025.
She applied for unfair dismissal.
The Decision
The Commissioner dismissed the employee’s application, finding that:
- She failed to comply with a lawful and reasonable direction from Amazon to participate in an IME process, which was a breach of a fundamental term of her employment, and was a valid reason for dismissal.
- She was notified of the reason for the dismissal, was given an opportunity to respond to the reason, and the dismissal was otherwise fair.
The Commissioner expressed sympathy for her personal circumstances, having suffered an injury at work, was unable to find secure alternative employment, and had the care of four children, but was nevertheless satisfied that the dismissal was fair.
Implications
Employees should be aware that in many cases a direction by their employer to participate in an independent medical examination is a lawful and reasonable instruction, and refusing the direction may be grounds for dismissal.
The case also illustrates the importance of employers following a careful process that has regard to the difficult circumstances the employee may be experiencing.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.