An employee who refused to attend an independent medical examination has lost her appeal against the direction, after a commission rejected that her employer was trying to block her return to work.
An employer has failed to prove a worker who had been absent for more than 12 months had abandoned his employment, with the Fair Work Commission finding he was too unwell, rather than unwilling, to return.
An employer was not required to put the interests of an employee "ahead of all others", in engaging in mediation to help him return to work after an 18-month absence, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
An employee has failed to prove she was forced to resign because of her employer's lack of support following an illness, with the Fair Work Commission finding it wasn't required to offer her alternative duties.
An employee who suffered from back pain because of her "big boobs" has failed to convince the Fair Work Commission she should have been allowed to return to her physically demanding role after being certified "fit for normal duties".
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
The Fair Work Commission has formally recommended an employer allow a long-serving employee to rescind his resignation and move it to a later date, enabling him to access 57 days of accrued sick leave.
An employer's "outright rejection" of a trial return-to-work plan after an employee's lengthy absence was unlawful discrimination, a tribunal has ruled in awarding him more than $230k.
An employee who repeatedly provided "unacceptable" medical certificates to cover his absence effectively abandoned his employment, the Fair Work Commission has found.
An employee who failed to attend work for three weeks because he'd been remanded in custody has lost his unfair dismissal claim, with the Fair Work Commission finding he abandoned his employment.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
