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.
An employee who was sacked for abandoning his employment, despite his employer knowing he was certified unfit for work, has been awarded maximum compensation for unfair dismissal.
An employer had a valid reason to sack a sick employee for failing to attend three consecutive shifts without consent, but its haste in doing so made the dismissal unfair.
The Fair Work Commission has rejected arguments that an employer could avoid paying a sacked manager in lieu of notice because he was receiving workers' compensation at the time.
It was "unrealistic" to expect an employer to wait for an injured employee to undergo therapy before dismissing him for being unable to perform the inherent requirements of his role, the Fair Work Commission has ruled.
Managing sick employees on an ad hoc basis increases the risk of claims and undocumented absences, making it critical for employers to enforce clear sick leave policies, a workplace lawyer says.
It has never been more important for employers to properly manage sick leave and risks of illness in their workplace. In this webcast, a workplace lawyer discusses legal issues and considerations relating to personal leave entitlements, sick leave policies, dismissing sick employees, and more.
An employee who refused to return her company vehicle and sent hostile texts to HR while on leave for work-related stress was fairly dismissed, the Fair Work Commission has ruled.
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.
