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Old 23-06-2009, 12:21 PM
Moz Moz is offline
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Join Date: Aug 2007
Location: Melbourne, Australia
Posts: 218
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You say you can't afford to pay her, but in normal circumstances employees have an annual sick leave allowance and as an employer you have to make provisions for that, just like you have to make provisions for people to take annual leave.

If she had a medical certificate, then unless you have a legitimate reason to challenge that certificate and the doctor that issued it, then you have to pay her, assuming of course that she had the requisite sick leave accrued. However, given that your Workcover appears to have accepted her claim I'd say you were wasting your time questioning the medical certificate.

If she didn't have sufficient sick leave, assuming you have paid her out any accrued annual leave, then I don't see that she can demand to be paid.

Did she have any sick leave accrued?
 
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