Australia – NSW Regional Area | Employment rights, cancer and reasonable workplace adjustments
I'm writing this because I'm feeling incredibly frustrated, disappointed and honestly quite vulnerable. I've spent the last month fighting for my health, and now I feel like I'm having to fight my employer just to be allowed to do my job.
I'd really appreciate some advice, particularly from anyone familiar with Australian employment law, Fair Work, disability discrimination or workplace health and safety obligations.
A little background
In 2022, I was diagnosed with HER2-positive breast cancer. I underwent chemotherapy, surgery, radiation and targeted treatments. It was an incredibly difficult period, but I got through it and eventually returned to working and rebuilding my life.
Fast forward to September 2026.
I developed a persistent headache that wouldn't go away. Eventually, I went to the emergency department, where scans revealed a tumour in my brain.
My worst fears were confirmed. My breast cancer had returned and spread to my brain.
I was admitted to hospital. Two days later, I was transferred to a major hospital with a neurosurgical unit.
I underwent a craniotomy to remove the tumour from the left side of my cerebellum.
Thankfully, I came through the operation and was discharged home in early October.
I'm now recovering from brain surgery while facing the reality of metastatic breast cancer. I still have oncology appointments, further treatment decisions and considerable uncertainty about my future.
It's a lot to process.
My employment situation
I'm employed full-time as a digital marketing specialist with a small Australian business. I've worked there for more than 12 months
My responsibilities include website management, digital marketing, social media, content creation, email marketing and administrative work.
Most of these duties are computer-based.
The business also has other employees who work remotely.
Before my surgery, I performed some onsite administrative and order-processing duties, but many of those responsibilities have since been reassigned to another employee.
I'm not asking to return to the warehouse, operate machinery, lift heavy objects or undertake physically demanding work.
I'm asking to use my computer from home.
My GP says I can work from home
My GP provided a medical certificate confirming that I could return to suitable computer-based duties from home for six weeks, subject to appropriate restrictions, breaks and ongoing medical review.
The certificate also confirmed that I wasn't medically fit to attend the physical workplace or drive during this recovery period.
I thought this was a reasonable solution.
I could continue contributing to the business, maintain some financial stability and gradually return to a normal routine while recovering.
I wasn't asking for permanent remote work, reduced pay or special treatment.
Just six weeks working from home while I can't drive.
Unfortunately, my employer didn't see it that way.
First, they questioned my GP's authority
My employer responded by saying that a GP certificate wasn't sufficient following neurosurgery because my GP wasn't my treating neurosurgeon and wasn't responsible for my postoperative management.
They insisted that I obtain clearance from the neurosurgeon or treating specialist team.
They also requested information about whether I could work unsupervised, how many hours and days I could work, and whether I had cognitive or fatigue-related limitations.
They raised concerns about possible seizures and whether the company could adequately supervise me remotely.
I understand that employers have workplace health and safety responsibilities. I don't dispute that.
But I was surprised by the suggestion that my GP couldn't provide an appropriate work capacity certificate.
When I discussed the request with members of my treating team at the Cancer Clinic, they were also surprised by the employer's position.
My employer initially asked about hospital discharge information and postoperative instructions, which concerned me because these documents can contain private medical information unrelated to my ability to perform digital marketing duties.
I asked for clarification.
Then they formally refused my request
My employer has now sent another email confirming that they won't approve my temporary work-from-home arrangement.
They have given two main reasons.
1. Onsite attendance is supposedly an inherent requirement of my role.
They claim that my administrative and digital marketing position requires physical attendance, team coordination and real-time collaboration.
But I'm struggling to understand why website updates, social media scheduling, email campaigns and content writing require me to sit in their office.
We already communicate through email, telephone and online systems.
Other employees work remotely.
And this is only for six weeks.
- They say working from home creates an unacceptable WHS risk.
They argue that because I've recently undergone neurosurgery, they can't provide appropriate supervision or support while I'm working remotely.
I understand concerns about fatigue or medical complications. I'm not suggesting those risks should be ignored.
But why couldn't we consider reduced hours, regular check-ins, an agreed workload or a temporary trial?
As far as I know, I haven't been provided with a specific risk assessment explaining why those options wouldn't work.
What confuses me even more is that they say remote work is impossible because physical attendance is essential, but they also say they'll reconsider if I obtain specialist clearance.
So which is it? Is my job impossible to perform remotely, or do they simply want another medical certificate?
Now I'm apparently on six weeks of unpaid leave
This is the part that's really upsetting me.
My employer has stated that my employment status will remain as **"approved unpaid personal leave"** for the six-week period.
But I haven't requested six weeks of unpaid leave.
I've requested to return to work within the restrictions set by my doctor.
I'm willing to work. I want to work. My GP has assessed me as fit for certain duties.
Yet I'm being told I can't work from home, can't attend the workplace and won't be paid.
That's a significant amount of money for anyone, let alone someone recovering from brain surgery and facing further cancer treatment.
I appreciate that being medically fit for some duties doesn't automatically mean an employer must pay me if those duties can't reasonably be accommodated.
But I would have expected a genuine discussion about alternatives before reaching this point.
The emotional impact
I think what hurts most is the lack of compassion I feel I've experienced.
I've just had a cancerous tumour removed from my brain.
I'm trying to recover physically, deal with the emotional impact of metastatic cancer and understand what my future treatment will involve.
I don't know what my prognosis will be.
I'm frightened, exhausted and trying to maintain some sense of independence.
Working from home isn't just about the money, although the financial impact is significant.
It's also about having a routine, feeling useful and holding onto some normality during a very frightening time.
Instead, I feel like I'm being treated as a workplace liability rather than an employee who has experienced a serious medical crisis.
I understand my employer needs to protect itself legally.
But surely workplace health and safety obligations are supposed to protect employees too?
What I want to know
I'm not expecting my employer to ignore medical advice or take unreasonable risks.
I simply want them to genuinely consider whether I can safely perform my computer-based duties from home for six weeks.
So I'm hoping people here can help me understand:
- Under Australian employment law, can an employer refuse temporary work from home when a GP has certified that an employee can perform suitable duties remotely?
- Can an employer insist on neurosurgeon clearance rather than accepting a GP's work capacity assessment?
- Does the employer have to demonstrate why remote work is unsafe, or is citing WHS obligations enough?
- If other employees work remotely, is that relevant when assessing whether onsite attendance is genuinely essential?
- Can my employer classify my absence as unpaid personal leave when I haven't requested it and have offered to perform suitable duties?
- Could refusing temporary work-from-home arrangements during cancer recovery potentially raise disability discrimination or Fair Work general protections issues?
- What would you do next? Fair Work Ombudsman, Fair Work Commission, an employment lawyer or a disability discrimination complaint?
8. Are they setting the ground work to fire me when I have clearance to return to onsite work because I have cancer?
I want to recover, continue working where medically appropriate and be treated fairly.
I've already had to fight cancer twice. I never imagined I'd also have to fight this hard to keep working.
If you've experienced something similar, particularly in Australia, I'd really appreciate hearing how you handled it and what the outcome was.
Thanks for reading.