Assured Personnel Ltd v Adam Herzyk [2020]

Adam Herzyk (the “Employee”) was employed as a driver with Assured Personnel Limited (the “Employer”). The Employee was absent from work for four months due to back pain. Subsequently, the Employee submitted a medical certificate confirming he was fit to work but should not work full-time and should perform light work only. The Employer asked the Employee if he was available to work seven days a week, despite being aware he was only medically certified to work part-time. Thereafter, the Employee made a number of attempts to seek work from the Employer and submitted a further medical certificate confirming he was “fit and well to undertake full-time work.” On 7 December 2017, the Employee