Hello

I am hoping that someone can help me ! 

We have a small set up in Australia with 5 employees and a couple of self employed consultants.  The director and another employee have never got on very well we have done lots to try to make a better working relationship for them including the owner of the company flying out there - its basically a clash of personalities.  The employee resigned and said he will work as a consultant from home home part time.  Then the next week he went off sick with stress caused by his colleague and working environment.  He was certificated for a week and has asked to be off unpaid from now until he starts as a consultant at the end of Jan (last day as an employee would be 31 Dec)

He is being nice about the whole thing saying he needs time away and said he is having counselling.  We have offered to pay the counselling but he said he gets it with his health insurance.  What else should we be doing? we are trying to look after him and do not want to lose him even if he is a consultant thats fine but I am wondering if there is any risk legally? officially his last date is 31st December.  He is on unpaid leave until then - a that point should we still process him as a leaver?

Any help or a point in the right direction will be so appreciated :)

Thank you!