Dismissal | Page 5 (2,052 items)

It was fair to dismiss an absent employee who didn't attend either of two scheduled work capacity evaluations within a "reasonable" timeframe, the Fair Work Commission has ruled.

Requesting an independent medical examination shouldn't be a combative process, but it's often viewed as one, according to an employment lawyer.

An "opportunistic" employer acted on the "incorrect premise" that an employee had abandoned his employment when it sacked him while he was on sick leave, the Fair Work Commission has found.

An employer has failed to overturn the reinstatement of an employee it sacked for sexual harassment, despite a Fair Work Commission full bench agreeing that his dismissal was valid.

Managing an employee who is absent due to injury or incapacity is one of the most difficult aspects of being an HR professional. Watch this webcast for a deep dive into the best ways to tackle common challenges.

Following his "unquestionably harsh" constructive dismissal, an employee has failed to convince the Fair Work Commission that his "complex and severe psychiatric condition", and his loss of credentials due to a recent criminal conviction, shouldn't rule out reinstatement as a remedy.

An employer must reinstate an employee it accused of time theft and safety breaches, after the FWC found his allegedly serious misconduct either didn't occur, or was a "one-off record keeping breach".

Deciding to dismiss an employee within hours of receiving her workplace complaint wasn't unlawful adverse action, the Federal Circuit Court has ruled.

Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to the Fair Work Commission.

Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.