An employee who was sacked for being unable to perform her role, despite being willing to attend an independent medical examination, has failed to prove she was unfairly dismissed.
It was "unfortunate" that an employee waited so long to lodge a stop-bullying application given the behaviour of his peers fell "well short of appropriate workplace conduct", the Fair Work Commission has said.
The fact an employee was unlikely to regain fitness for work did not entitle an employer to drop him "like a hot potato" after he ran out of paid leave, the Fair Work Commission has chided.
An absent employee's excuse for failing to obtain medical certificates was not, as he claimed, "a small white lie to avoid embarrassment" but rather "a calculated attempt to mislead" that justified dismissal, the Fair Work Commission has found.
An employer's "rigid" workplace made it impossible to accommodate an injured employee's return to work following a lengthy absence, the Fair Work Commission has ruled in upholding his dismissal.
An HR manager was "extremely" quick to assume an employee who took sick leave after being assigned new responsibilities was abusing his entitlements, the Federal Circuit Court has found in upholding his adverse action claim.
An employer's refusal to let an injured employee return to full-time duties, and its subsequent response to her bullying and discrimination complaints, were reasonable actions, a commission has ruled.
An employee's direction to attend an independent medical exam will again be reviewed, after a commission found his employer didn't comply with its policy.
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.
