It was fair to dismiss a worker who remained certified unfit for work after a 22-month absence and seemed unwilling to assist his own recovery, the Fair Work Commission has ruled.
Workplace investigations continue to challenge employers in new ways, requiring sensitivity within the legal framework of natural justice and procedural fairness. Watch this webcast to ensure your organisation's practices are up to date.
When a CEO asked an employee if she had another job to go to and then gave her an "opportunity to resign" before a negative performance review, she had no option but to quit, the Fair Work Commission found.
An "incredibly patient" employer's dismissal of an absent worker has been upheld as fair, after she repeatedly failed to attend independent medical examinations despite receiving disciplinary warnings.
Dismissing an employee for being unable to perform the inherent requirements of her role wasn't harsh, a tribunal has found, even though she was certified as "medically capable of attending work reliably".
A probationary employee who said he was going to be "the next Erin Brockovich" has failed to prove he was sacked for raising health and safety concerns, in the first such claim of its type.
A former CEO deliberately misled a recruitment panel when he failed to disclose that in a prior role he was found to have "knowingly engaged" in unconscionable conduct, a tribunal has ruled.
Reinstating an employee accused of misconduct would "in no way" undermine an employer's capacity to comply with its safety obligations, a Fair Work Commission full bench has ruled in rejecting an unfair dismissal appeal.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
