Despite accepting that a supervisor's suitability for redeployment was "unlikely", the Fair Work Commission has found an HR practitioner should have discussed available jobs before dismissing her on the basis of redundancy.
The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.
An employee who threw a coffee cup "with significant force" after a colleague called him a "boofhead" has failed to convince the Fair Work Commission his conduct was a result of provocation.
It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.
A Fair Work Commissioner applied the wrong principles when he found an employer had no reason to question whether a resignation, tendered during a paranoid delusion, was freely given.
An employee has won his unfair dismissal claim despite showing a concerning lack of insight into his inappropriate behaviour, after the Fair Work Commission found his sacking could have a "catastrophic consequence".
There was no evidence to support an employee's allegations of "unresolved psychosocial hazards", and in any case these didn't justify his unauthorised absences from work, the Fair Work Commission has ruled.
Even if some complaints about an employee's behaviour were the result of ADHD-related "misunderstandings", her conduct warranted termination, the Fair Work 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.
