A WHS specialist who refused to give her employer documents stored on her laptop because she was on sick leave was "otherwise capable of sending multiple emails", the Fair Work Commission has noted in upholding her dismissal.
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.
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.
