A manager who was bullied and intimidated, and then sacked, after being diagnosed with a terminal illness has been awarded $163k in adverse action proceedings.
The Fair Work Commission has praised an employer's two-year process to help a worker return to his pre-injury role, finding it ultimately had a valid reason to dismiss him.
An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.
A mentally unwell employee has failed to prove her employer compromised her ability to return to work after she suffered a psychological injury, and that she was therefore unfairly dismissed.
It was reasonable rather than "threatening" for an employer to raise the prospect of resignation with a worker who was struggling, a tribunal has ruled.
It was unreasonable to revoke an employee's flexible work arrangements and then sack her because she took extended periods of leave, the Fair Work Commission has ruled in ordering her reinstatement.
An employee's dismissal for failing to follow his employer's absence notification requirements during the height of COVID restrictions was "very regrettable", the Fair Work Commission has ruled in awarding maximum compensation.
Faced with a questionable medical certificate, employers are within their rights to seek confirmation of authenticity – with or without an employee's consent, a lawyer says.
An employer that admitted its attempt to sack an absent worker was a "mistake" and tried to take it back does not have to pay compensation for unfairly dismissing her.
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.
