An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.
Among key lessons from recent adverse action cases, an employment lawyer says it is critical for HR to document any decision-making process and be conscious of the timing around those decisions.
A mentally unwell employee has failed to prove her employer compromised her ability to return to work after she suffered a psychological injury, and that she was therefore unfairly dismissed.
An employee has failed to prove her dismissal for "very serious" misconduct was harsh because she'd already been subjected to a prolonged investigation and "significant" penalty regarding earlier allegations.
After sacking an employee for a code of conduct breach involving a consensual s-xual interaction, an employer has successfully appealed against orders to reinstate and compensate him.
In a case that highlights the importance of providing clear reasoning when refusing a vaccination-exemption request, a commission has found an employer's decision was unfair and unreasonable.
Employers have two critical lessons to take away from the operation of the Fair Work Commission's stop-s-xual harassment jurisdiction so far, an employment lawyer says.
As employees become increasingly litigious, adverse action claims show no signs of slowing down. Watch this HR Daily Premium webcast to ensure your knowledge of case law and risk mitigation tactics is up to date.
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.
