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.
A workplace advisor has added to its lengthy history of "problematic" conduct before the Fair Work Commission, which has formally recommended it repay a settlement sum it received on behalf of an employee.
An employer effectively dismissed a pregnant casual when it removed all of her shifts after she refused to pick up a customer order, which she believed would have exceeded her safe lifting capability, the Fair Work Commission has ruled.
An employment contract's wording meant an employer effectively dismissed a worker when its client "prematurely" ended his assignment, the Fair Work Commission has ruled, clearing him to pursue his general protections claim.
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".
An HR advisor removed an employee from a casual pool because she repeatedly failed to indicate her work availabilities, and not because of her complaints and protected attributes, the Federal Circuit Court has ruled.
A worker has unsuccessfully argued that she didn't "agree" to a new casual employment contract when she ticked a box saying she acknowledged its terms.
Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.
An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.
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.
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.
