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.
After sending an employee a text message about her "final payment", an employer couldn't argue it never meant to dismiss her, the Fair Work Commission has found.
It was fair to dismiss an employee who avoided workplace investigation meetings and refused his employer's requests for medical examinations, the Fair Work Commission has found.
It was fair to dismiss a worker who remained certified unfit for work after a 22-month absence and seemed unwilling to assist his own recovery, the Fair Work Commission has ruled.
An "incredibly patient" employer's dismissal of an absent worker has been upheld as fair, after she repeatedly failed to attend independent medical examinations despite receiving disciplinary warnings.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.