From www.gclegal.com.au: Employers may dismiss employees who unreasonably refuse to attend an independent medical examination when there are legitimate concerns about their fitness for work.

In the case of Davies v CALHN, the South Australian Employment Tribunal upheld the dismissal of an employee for serious misconduct following his failure to attend such an examination, which was deemed reasonable given the context of his behaviour and mental health concerns.

The ruling underscores the responsibility of employers under work health and safety laws to ensure employees are fit to perform their roles, allowing for potential termination if an employee does not comply with medical examination requests.