A court has overturned an employee's $160k compensation for adverse action, finding an HR manager was justified in dismissing an absent employee who refused to attend an independent medical examination.
A tribunal has upheld an employee's sacking for absenteeism and "confrontational and aggressive" behaviour, rejecting her claim that she was not adequately warned about her conduct.
The Fair Work Commission has commended an employer's procedurally fair process in the lead-up to dismissing an employee who was injured outside of work and could no longer perform her job.
The Fair Work Ombudsman has warned employers to "get their house in order" or risk higher penalties under its new, tougher approach to non-compliance. Also in this article, data on the extent of unplanned sick leave around public holidays; an employer's 'identity' discrimination exemption; and more.
Two employees have successfully argued that their post-termination mental health should excuse their late unfair dismissal claims, in separate cases before the Fair Work Commission.
The Fair Work Commission has described an employer's approach to returning an employee to work as "patient and generous", and rejected his claim for unfair dismissal.
An employer that stood down a worker facing criminal charges, then sacked him for being absent from work for too long, has been ordered to reinstate him.
In two separate cases, employers have failed to convince the Fair Work Commission that dismissing employees for their unreliability and absence policy breaches was fair.
Allowing employees to take unpaid sick leave often backfires on employers, and the option should be used only for "very short" periods of time, a lawyer says.
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.
