Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Watch this HR Daily Premium webcast for an up-to-date review of the legal framework and key rulings.
It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
An employee has won compensation for unfair dismissal, after the Fair Work Commission found he was warned about failing to provide notice of his absences, but not more broadly about his attendance issues.
An employee who couldn't return to her role after a traumatic workplace incident has failed to convince the Fair Work Commission her dismissal was unfair.
It was "unfortunate" that an employee was misled about the medical evidence she needed to provide to return to work after a long absence, but this didn't justify her objections to attending an independent medical examination, a commission has ruled.
An employer that failed to take any steps to review its procedures after a court found it engaged in unlawful adverse action has been ordered to pay an employee $30k in compensation and penalties.
It wasn't unfair to dismiss an incapacitated employee without first trying to redeploy or rehabilitate him, the Fair Work Commission has found, given the "likely permanence" of his inability to perform any work.
It was fair to sack an employee who travelled overseas without approval to take annual leave, despite some shortfalls in the employer's process, the Fair Work Commission has ruled.
Foreshadowing the resumption of an absent employee's performance management process wasn't "retaliatory" after she complained about her workplace culture, the Fair Work Commission has found, in accepting she wasn't forced to quit.
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.
