It was reasonable to conclude an employee had lied about being sick, based on social media photos that showed him enjoying a weekend away with friends, the Fair Work Commission has ruled.
Assuming an injured employee was "fully aware" her employment was at risk resulted in a procedurally unfair dismissal process, the Fair Work Commission has ruled.
An employer's decision to dismiss a worker who had been absent for nearly two years was based on "assumptions or incomplete information", the Fair Work Commission has found.
A formal policy wasn't required for an employee to know that punctuality was important, but sacking him for being late to work "occasionally" was harsh, the Fair Work Commission has found.
It was "unrealistic" for an employee to believe he could return to work without attending an independent medical examination, given the employer's "serious" concerns about his mental health, a tribunal has ruled in rejecting his unfair dismissal claim.
The "primary motivator" for an absent manager's dismissal was his employer's belief he was falsifying his illness, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
In calling out an employer for failing to consult an employee about her redundancy, the Fair Work Commission has stressed the importance of having "some form of 'keeping in touch' system" during parental leave.
An employer and its senior leaders didn't bully an executive when they asked her repeatedly to return to the office, and started a performance improvement plan after a client complained about her, the Fair Work Commission has accepted.
An employee who was "unwilling" to acknowledge the part he played in his ongoing unfitness for work has failed to persuade a full bench of the Fair Work Commission to re-examine a decision that his dismissal was fair.
