A Fair Work Commissioner failed to consider whether an employee's sacking for excessive absenteeism was fair in light of his medical condition, a full bench has ruled in allowing an appeal.
Managing ill and injured employees can become incredibly complex, so it's important for employers to remember they have a clear right to seek medical information to help them in the process, according to a workplace lawyer.
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.
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.
