It was "premature" to sack an employee for failing to attend work, when just days earlier he was corresponding with the employer about his return, the Fair Work Commission has found.
It wasn't unreasonable or unjust to find a long-serving employee's "sheer number of absences" weighed in favour of his dismissal being valid, a Fair Work Commission full bench has ruled.
Managing an employee who is absent due to injury or incapacity is one of the most difficult aspects of being an HR professional. Watch this webcast for a deep dive into some common challenges.
When social media posts caused an employer to doubt the validity of an employee's personal leave, it was entitled to seek further information, a commission has ruled in discrimination proceedings.
Failing to give an employee even a "brief opportunity" to provide evidence of her current and future fitness for work made her dismissal unfair, the Fair Work Commission has ruled.
It was fair to sack an employee for misusing his personal leave entitlement, the Fair Work Commission has found, in giving no weight to the medical certificate he obtained through an online service.
An employee's attempts to delay a final decision about her dismissal by refusing to sign medical authorisations "resulted in the opposite of its desired effect", the Fair Work Commission has found in unfair dismissal proceedings.
A Fair Work Commission member was wrong to dismiss a stop-bullying application based on the assumption that an employee who was absent and unfit for duties faced no continuing risk of bullying, a full bench has ruled.
In upholding an employee's appeal, a full bench of the Fair Work Commission has declined to determine whether someone can be considered "at work" and at risk of bullying while they're unfit for duties.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.