Requesting medical information about an absent employee was lawful and reasonable under his contract, and his refusal to grant access warranted summary dismissal, the Fair Work Commission has ruled.
An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.
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.
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.
