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.
An employee's failure to declare medication he was taking for mental health issues denied his employer the opportunity to assess whether it posed any workplace risks, the Fair Work Commission has found in upholding his dismissal.
An employer has failed to temporarily block the reinstatement of a sacked employee who it believed posed a "serious" health and safety risk to its workplace.
A manager's dismissal for poor performance was "unnecessarily abrupt", the Fair Work Commission has found, particularly as he was led to believe he was "on track" to meet his PIP objectives.
A senior employee should have known that his occasional rudeness might impact a colleague, but his behaviour didn't rise to the level of bullying, a court has ruled in awarding him $368k for wrongful dismissal.
Failing to consult an absent employee about a change to her start times was a sign of "management incompetence", and not an intention to end her employment, the Fair Work Commission has ruled.
An employer that sacked a senior executive for muttering "offensive" words during an out-of-hours incident has been ordered to pay him $1.5 million in damages and compensation.
An HR business partner, who was chosen for redundancy because she was "a little bit emotional when dealing with conflict" and not confident in her English-speaking skills, has lost her unfair dismissal claim.
A Fair Work Commissioner's tolerance for a sacked employee "evaporated" when she failed to meet relevant case deadlines, and he said her lack of attention to detail supported her employer's many dismissal reasons.
An employer's failure to intervene with mediation in a workplace conflict that culminated in an employee's sacking didn't make his dismissal unfair, a commission has found.
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.