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.
The silly season is upon us, the weather's warming up, and the cricket has begun. Are you ready to manage an increase in unplanned sick leave and absenteeism? Watch this webcast to understand the legal issues and management considerations around legitimate personal leave, fraudulent sick leave claims, and more.
More work must be done to keep employees in "good work" to stem the tide of sickies, stress claims, and mental illness, a leading medical practitioner says.
It's crucial for employers to seek a second opinion when relying on social media evidence to take disciplinary action over misuse of sick leave entitlements, a lawyer warns.
In this HR Daily webinar, a workplace lawyer will discuss the legal issues, case law and management considerations around legitimate personal leave, falsified medical certificates, absence policy drafting, and more. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.
An employee who "voluntarily" made herself unfit for work by consuming alcohol engaged in misconduct, but not to an extent that warranted her dismissal, the Fair Work Commission has found.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.