Section 352 of the Fair Work Act 2009 protects employees who are on sick leave due to illness or injuries prescribed by the Fair Work Regulations from being dismissed.

The case of Kavassilas v Migration Training Australia Pty Ltd [2012] FMCA 22 shows that an employer who dismisses an employee on sick leave is at risk of paying compensation and wages to that employee. Employers should seek legal advice prior to dismissing an employee and due to the short time frame in which employees have to lodge an unfair dismissal claim employees should seek legal advice immediately upon being dismissed.