An employee who described her colleagues as unprofessional and lazy, and said her job was boring and beneath her, has failed to convince the Federal Circuit Court that her dismissal was actually triggered by her taking sick leave.
A worker who resigned after her employer unilaterally raised her sales targets has successfully claimed it was a forced dismissal and amounted to adverse action.
An organisation unlawfully discriminated against an employee when it acted on an HR manager's misinterpretion of advice about the worker's medical condition, a court has found.
A worker was fairly sacked for breaking one of his employer's 'cardinal rules', despite procedural failings in its HR practices, the Fair Work Commission has ruled.
Employers that wait for repeated or extended absences to become an issue before taking action could find themselves having to "start from scratch" when it comes to managing a worker back into or out of the workplace, says Ashurst senior associate Shannon Chapman.
A recent finding that an employee was unfairly dismissed in spite of his offensive conduct at a work Christmas party should in fact give some comfort to employers, according to a legal expert.
A large employer has been ordered to reinstate a worker who was sacked for racist comments towards a colleague, after the Fair Work Commission found numerous failings in its processes led to the dismissal.
In a webinar on 6 August, learn how to ensure every step minimises rather than adds to your organisation's legal risks when you're managing an absent employee back into, or out of, the workplace. Premium members should click through to request a pass, while free subscribers can upgrade their membership level here for access.
The Fair Work Commission has ordered an employer to reinstate a worker after the company failed to prove just about all of the allegations of misconduct that led to his sacking.
The Fair Work Commission is becoming more willing to uphold drug and alcohol related dismissals - provided employers have a clear policy and workers are aware of its content, says lawyer Tony Wood.
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.
