It was "unfortunate" that an employee was misled about the medical evidence she needed to provide to return to work after a long absence, but this didn't justify her objections to attending an independent medical examination, a commission has ruled.
In dismissing the appeal of an employee sacked for code of conduct and privacy breaches, a Fair Work Commission full bench has rejected that the absence of an independent investigation rendered an employer's termination process unfair.
An employee's psychological injury was caused by real work events rather than "pure delusion", a commission has upheld in dismissing an employer's appeal.
An HR director denied an employee the opportunity to discuss her disabilities and fitness for work because she'd already "made up her mind" to demote her, a tribunal has found.
Organisations making urgent lay-offs must still comply with their consultation requirements, the Fair Work Commission has highlighted, in rejecting that an employer had no time to consult before making a role redundant.
An employer took appropriate steps to ensure an unwell employee was "sound of mind" before accepting his resignation, a Fair Work Commission full bench has found in upholding its constructive dismissal appeal.
In appealing an unfair dismissal ruling, an employer has unsuccessfully argued that prohibiting an employee from working after she resigned was a "reasonable operational decision".
It wasn't reasonable for an employer to rely on a manager's "eyewitness" account of a workplace assault, given he then "took absolutely no action, and continued on with the working day", a commissioner has ruled.
The events an employee claimed were discrimination weren't linked to her autism and ADHD, but rather resulted from managers' understandable concerns about her performance and behaviour, a tribunal has ruled.
It was unreasonable to summarily dismiss an employee for stealing food from her workplace, without unequivocal evidence that she didn't intend to pay for the items she ate, the Fair Work Commission has ruled.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
