Attendance Warning for Illness
I have an upcoming formal meeting and I suspect they will put me on a attendance plan. The policy is 95% over a 12 week period and over that time I was rostered 46 shifts but was sick for 5. I know that Fair Work says that employees are protected from being dismissed because of absence if they are absent for less than 3 months over a 12 month period. I have been sick for 12 days over the last 12 months. However the big problem is that I never thought to get a medical certificate. The process for calling in sick is simply calling up and telling them I’m won’t be able to attend my shift because of illness and they cancel it. They have never requested a medical certificate. Still I’m aware it’s a very dumb mistake not getting proof and from now on I will always get a medical certificate. What I’m wandering is whether I have a defence against unfair dismissal if they were to dismiss me based on attendance. I have proof that they cancelled my shift due to me saying that I’m sick and it is surely unreasonable to expect a sick employee to show up. If it helps I have never no-showed, worked there for years and have good performance while working.