An employee who couldn't return to her role after a traumatic workplace incident has failed to convince the Fair Work Commission her dismissal was unfair.
It was "unfortunate" that an employee was misled about the medical evidence she needed to provide to return to work after a long absence, but this didn't justify her objections to attending an independent medical examination, a commission has ruled.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
An employer that failed to take any steps to review its procedures after a court found it engaged in unlawful adverse action has been ordered to pay an employee $30k in compensation and penalties.
It wasn't unfair to dismiss an incapacitated employee without first trying to redeploy or rehabilitate him, the Fair Work Commission has found, given the "likely permanence" of his inability to perform any work.
It was fair to sack an employee who travelled overseas without approval to take annual leave, despite some shortfalls in the employer's process, the Fair Work Commission has ruled.
Foreshadowing the resumption of an absent employee's performance management process wasn't "retaliatory" after she complained about her workplace culture, the Fair Work Commission has found, in accepting she wasn't forced to quit.
Failing to properly consider whether an injured employee could perform modified duties has undermined an employer's defence to her psychological injury claim.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
