For the purposes of s 352, the 'reason' refers to the temporary absence from work; an employer will be in breach only if there is awareness that the absence was because of illness or injury and the absence is the reason for termination.

Dismissal of an employee during temporary absence from work due to illness or injury, even where the dismissal notice was issued before the medical certificate was presented, may constitute a contravention of s 352 if the absence contributed to the decision to dismiss.

Where an applicant has provided medical certification of incapacity and has evidenced inability to attend proceedings, an application under s.399A to dismiss for failure to attend cannot succeed if the applicant was genuinely unfit to attend those proceedings.

An employer cannot demand excessive personal medical information from an employee absent due to illness; ordinarily, information certified by a medical practitioner should be accepted as satisfying the requirement that the absence be due to personal illness or injury.

Dismissal of an employee while on temporary absence from work due to illness or injury (within s352 FW Act meaning) is a serious breach of statutory protection that weighs heavily in favour of a finding of unfairness.

Section 352 of the Act provides that an employer cannot dismiss an employee that is temporarily absent from employment because of illness or injury. Temporary absence is prescribed by the Regulations. For a claim under s.352 to succeed, a causal link must be established between the medical absence and the dismissal.

Employees governed by the Fair Work Act are protected from dismissal within three months of unpaid leave due to temporary absence because of illness or injury under s.352 of the Act, but dismissal beyond three months of unpaid leave is not automatically unfair and requires consideration of s.387 criteria.

For s 170CK(2)(a) (now s 352), the 'reason' to which the provision refers is the temporary absence from work; there must be awareness that the absence was because of illness or injury, and the absence must be the reason for termination.

The reason for dismissal proscribed under s 352 is not merely temporary absence but the temporary absence because of illness or injury.