Employers shouldn't proceed towards dismissal as if "all bets are off" once an employee has exceeded the Fair Work Act's temporary absence threshold, the Fair Work Commission has warned.
It was fair to dismiss an employee who didn't return to work for 15 months after making a s-xual harassment complaint, the Fair Work Commission has found.
Whether it's reasonable to contact an employee multiple times while they're on sick leave doesn't depend on whether the employer is aware they have a psychological condition, a tribunal has noted.
It was reasonable to direct an absent employee to attend a "tie-breaker" IME, and "unfortunate" that his refusal made his dismissal valid, the Fair Work Commission has ruled.
It was unfair to dismiss an injured employee "out of the blue", despite her two-year absence and inability to work, the Fair Work Commission has ruled.
Even when an IME suggests an employee permanently can't perform the inherent requirements of their job, it's best not to assume it's safe to dismiss them, a lawyer says.
A people and culture manager who conducted regular welfare checks with an absent worker prior to dismissing him has successfully defended his adverse action claim.
A "bullish and intimidating" response to an employee's absence was just one example of an employer's unreasonable conduct, which ultimately forced him to resign, the Fair Work Commission 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; this webcast takes a a deep dive into the best ways to tackle common challenges. Read the webcast description here then watch the full presentation with premium membership.
It was fair to dismiss an absent employee who didn't attend either of two scheduled work capacity evaluations within a "reasonable" timeframe, the Fair Work Commission has ruled.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
