It's critical to approach conversations about employees' absences with curiosity, instead of going in "like a bull at a gate" with assumptions that could be incorrect, a communication specialist warns.
An employer's responses to an employee's workplace complaints were "prompt" and "thorough", the Federal Circuit Court has ruled, finding it dismissed him because he couldn't perform the inherent requirements of his role.
An employer was entitled to direct an absent employee to attend an independent medical examination, after she refused to attend "ridiculous" training on mental health grounds, a commission has found.
A medically incapacitated employee's request to adjourn unfair dismissal proceedings has been rejected, with the Fair Work Commission finding any further delay would prejudice the employer and prevent a fair outcome.
An employer that accused a worker of abandoning her employment and causing it to lose customers will have to face her general protections claim, after the Fair Work Commission found it dismissed her.
Managing unplanned absences can be fraught with risk, particularly when employers haven't strictly enforced certain obligations in the past, a lawyer warns.
It wasn't reasonable to expect an organisation to continue employing a manager with reduced work capacity while its sales were in decline, the Fair Work Commission has found in upholding his dismissal.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. This HR Daily Premium webcast provides a review of relevant legislation and rulings in this space.
Asking an employee to attend a disciplinary meeting and provide a medical certificate for his unauthorised absence wasn't "coercion", the Fair Work Commission has found in unfair dismissal proceedings.
