1. A Policy Must Be Followed in Practice

Having a detailed absence, occupational-health or injury-at-work policy is not enough.

Employers must ensure that managers:

• Know when the policy applies;
• Understand which steps are mandatory;
• Complete those steps within reasonable timeframes;
• Keep proper records.

Where a policy promises an investigation, referral or appeal, failing to provide it may significantly weaken the employer’s position.

2. Medical Referrals Must Be Progressed Promptly

Referring an employee to occupational health or another medical service is only the first step.

The employer should:

• Arrange the appointment;
• Confirm the questions requiring medical input;
• Follow up where delays arise;
• Explain the process to the employee;
• Record any interim measures.

A referral that is made but never progressed may leave the employee unsupported and the employer without the evidence needed to make a fair decision.

3. Investigate the Cause, Not Just the Absence

When an employee is certified as suffering from work-related stress, the employer should not treat the matter solely as an attendance-management issue.

The investigation may need to consider:

• Workload and working hours;
• Role clarity;
• Management conduct;
• Workplace relationships;
• Exposure to traumatic or sensitive material;
• Organisational changes;
• Available supports.

The purpose is not to determine whether the employee is “right” or “wrong” at the outset. It is to establish what occurred and whether workplace measures are required.

4. Keep a Complete Investigative Record

The WRC criticised the formation of a management view without a complete investigation or record.

Employers should document:

• The concerns raised;
• Medical information received;
• Meetings held;
• Evidence considered;
• Conclusions reached;
• Reasons for the decision;
• Supports or adjustments offered.

A decision unsupported by records can appear arbitrary, even where managers believe they acted reasonably.

5. Appeals and Grievances Cannot Be Left Unanswered

The employee’s appeal reportedly remained unanswered for more than a year.

The WRC Code of Practice promotes fair and effective grievance procedures, while its employee guidance states that such procedures should be written, accessible and understood by management.

An appeal or grievance should be:

• Acknowledged promptly;
• Assigned to an appropriate decision-maker;
• Investigated within a reasonable timeframe;
• Concluded with a written response.

Where delays are unavoidable, the employee should receive updates rather than silence.

6. Local Managers Must Follow Organisation-Wide Directions

Large organisations often have central HR policies but rely on local managers to apply them.

This creates risk where local practice differs from the organisation’s formal procedure.

Employers should ensure:

• Managers receive regular training;
• HR has oversight of sensitive cases;
• Deviations from policy require approval;
• Unresolved cases are escalated.

A policy cannot protect an organisation if individual managers are permitted to disregard it.

7. Delay Can Compound the Original Harm

Administrative delay is not always neutral.

Where an employee is already suffering from work-related stress, prolonged uncertainty can:

• Worsen the employee’s condition;
• Increase financial loss;
• undermine confidence in internal supports;
• Make resolution more difficult;
• Increase legal and reputational exposure.

Prompt communication can be as important as the eventual outcome.