Dismissing an employee for being unable to perform the inherent requirements of her role wasn't harsh, a tribunal has found, even though she was certified as "medically capable of attending work reliably".
An employee who maintained he was "not in a mental state to text anyone" while absent for more than two months has failed to convince the Fair Work Commission he didn't abandon his employment.
Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.
A "lack of effective communication" between directors about an "unreliable" worker's absence contributed to his dismissal, the Fair Work Commission has found.
An employer dismissed a manager for regularly leaving work early, without giving him an opportunity to explain his absences, the Fair Work Commission has found.
An HR leader had a "genuine desire" to understand whether an absent employee was able to continue in his role, and she wasn't trying to "trigger" the end of his employment as he claimed, the Fair Work Commission has ruled.
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.
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.
