The Fair Work Commission had no jurisdiction to consider whether FDV experienced while working from home meant an employee had suffered a workplace injury, it has noted in concluding her dismissal after a 15-month absence wasn't unfair.
Frustration of an employment contract in circumstances of illness or injury "is a difficult concept to establish", a Fair Work Commissioner has noted, in clearing a worker to pursue his unfair dismissal claim.
An employee who had been absent for more than two years before resigning has failed to convince the Fair Work Commission he was forced out by a pattern of "sustained psychological abuse, structural mismanagement [and] coercion".
A "very poor" attendance rate combined with repeatedly failing to notify or explain absences meant there were valid reasons to sack an employee, the Fair Work Commission has ruled.
An unexplained absence from work constituted abandonment of employment even though the employee was experiencing "extreme" mental health issues, the Fair Work Commission has ruled.
It was retaliatory and "cold-hearted" of an HR manager to ask an absent employee to attend meetings, and to repeatedly deny his requests for annual leave after his sick leave ran out, the Federal Circuit Court has found in upholding his adverse action claim.
After being on restricted duties for nearly seven years, an employee who claimed she might be fit to perform her pre-injury role "at some time in the future" has lost her unfair dismissal claim.
Dismissing an employee by text, without warning and without a valid reason, was "inappropriate and regrettable", the Fair Work Commission has found in ordering compensation.
Requesting medical information about an absent employee was lawful and reasonable under his contract, and his refusal to grant access warranted summary dismissal, the Fair Work Commission has ruled.
An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.
