Absenteeism | Page 2 (211 items)

An unfair dismissal claim won by an employee suspected of misusing his personal leave entitlement highlights that employers should avoid making hasty conclusions about misconduct, a lawyer says.

The importance of complying with a direction didn't justify the "obstinate rejection" of an employee's explanations for not doing so, the Fair Work Commission has found in ordering her reinstatement.

Engaging an external contractor didn't undermine an employer's genuine redundancy defence to an unfair dismissal claim, the Fair Work Commission has found, rejecting there were any signs of a "sham".

Frustration with an employee who acted unprofessionally should not have coloured an employer's perception of whether her "disrespectful" comments amounted to a resignation, the Fair Work Commission has found.

An employee's failure to notify his ongoing absence after annual leave was a valid reason to dismiss him, but the employer's informal management approach and lack of procedural fairness warranted his reinstatement, the Fair Work Commission has ruled.

It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.

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.