Employers should exercise caution when managing and terminating employees with mental illness and disabilities. If you terminate an employee because of manifestations of their mental disability, you could fall foul of the Fair Work Act.

• Termination due to manifestations of disabilities – lessons fromRobinson v Western Union Business Solutions (Australia) Pty Ltd [2018]
• Terminating an employee with long term absences related to mental health issues
• Adverse action and discrimination provisions in section 351 of the Fair Work Act
• When is a lack of capacity considered to be a manifestation of a mental disability?
• Collecting independent medical information relating to fitness for work and inherent requirements of their role