Three months was a "reasonable" amount of time to wait and see if an employee recovered from a psychological injury so he could return to work, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
An HR director's decision to sack an employee, who had taken more than 2.5 years' leave in a six-year period, was likely a breach of anti-discrimination laws, a tribunal has ruled.
An employee has been granted an extension of time to make a general protections claim, after the Fair Work Commission found his dismissal while on sick leave could have been prompted by his bullying complaint against a manager.
An employee with no imminent prospect of returning to work from medical leave has failed to convince the Fair Work Commission to issue a stop-bullying order.
A long-serving employee who was wrongly certified fit for safety critical duties because of his dishonesty during a medical assessment has lost his unfair dismissal claim.
An employee who had "little regard" for his employer's leave policies has failed to prove a performance improvement plan was designed to increase pressure on him and result in his dismissal.
Amid soaring absence rates many employees are now being accused of abandoning their employment, but there's a high threshold for establishing this in a dispute, a lawyer says.
A manager with post-traumatic stress disorder has accused an employer of having "no care factor", claiming that with the right support and adjustments, she could have returned to work.
Simple email communications can wield enormous power in helping to prevent and defend disputes involving absent workers, according to an employment lawyer.
An employee let his family circumstances cloud his judgement of an employer's return-to-work requests, seeing them as "pushy and unwelcome" when in fact they were reasonably "firm", the Fair Work Commission has ruled.
