s352: s 352 No dismissal for temporary absence due to illness or injury
An employer does not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a prescribed kind (reg 3.01: the employee provides a medical certificate or statutory declaration within 24 hours or a reasonable longer time, complies with an instrument's notice and substantiation terms, or has given evidence for paid personal leave; an absence of more than 3 months, or total absences of more than 3 months in 12 months, is not protected unless the employee is on paid personal/carer's leave).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s352. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Absence management records with medical certificates and total absence periods; Termination review confirming the reason is not a temporary absence within the prescribed limits; Return to work plans
What usually goes missing
Dismissal during a certified absence of less than 3 months; Absence records incomplete; Workers' compensation absences mishandled
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.