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.
Failing to properly consider whether an injured employee could perform modified duties has undermined an employer's defence to her psychological injury claim.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
Even though an employer didn't proactively seek medical information about an absent employee, it wasn't unfair to dismiss him on the basis of incapacity, the Fair Work Commission has ruled.
There was no evidence to support an employee's allegations of "unresolved psychosocial hazards", and in any case these didn't justify his unauthorised absences from work, the Fair Work Commission has ruled.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
