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A WHS specialist who refused to give her employer documents stored on her laptop because she was on sick leave was "otherwise capable of sending multiple emails", the Fair Work Commission has noted in upholding her dismissal.

The TAFE NSW work health and safety specialist was employed in March 2019. Eight months later she went on leave and accused two employees of bullying and harassment. An investigation failed to substantiate her allegations.

About three months into the employee's leave, the employer requested further medical information about her fitness for duty, but the employee said her certificates of incapacity provided all the necessary information and refused to comply. The employer then instructed her to attend an independent medical examination (IME), but she deemed the request unreasonable and didn't attend.

About five months into her absence, the employer asked the employee for access to documents stored on her work laptop so it could comply with a notice issued by SafeWork NSW. The employee said that in the absence of a return-to-work plan, her employer was effectively asking her to perform "unauthorised" work unlawfully...