An employee who claimed he was left to "drift into irremediable psychological illness" after he made a workers' compensation claim has failed to prove he was unlawfully dismissed.
An employee has been granted an extension of time to pursue his unfair dismissal claim partly because his employer's HR team dragged its feet on responding to his enquiries.
A senior employee made a "calculated decision" to use sick leave to work in secondary employment, a commission has found in rejecting her unfair dismissal claim.
An employee's "naïve belief" that he could unilaterally decide when he would return to his workplace was a valid reason for dismissal, but his employer's "severely flawed" process made it unfair.
Employers that tried to help employees during the pandemic by allowing them to take personal/carer's leave are now at risk of having to re-credit it, a workplace lawyer warns in light of a new ruling.
An employer that unfairly dismissed an employee for taking unauthorised leave has been partially successful on appeal, reducing his compensation by more than $20k.
It was reasonable to dismiss an employee with recurring injuries who took "excessive" time off work, the Fair Work Commission has accepted. Also in this article, a roundup of recent rulings on procedural unfairness, a psych injury, and more.
Sacking an employee on sick leave without warning and via text was "extraordinarily callous and unnecessarily harsh", the Fair Work Commission has found in awarding her $21k in compensation.
A Fair Work Commissioner has lambasted an employer for "one of the poorest displays" of a dismissal process she has seen, involving an employee sacked for taking "unwarranted" sick leave.
Dismissing an employee who had been absent for more than two years was unfair, the Fair Work Commission has ruled, because the employer lacked evidence he would be unable to perform the inherent requirements of his role in the future.
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.
