It was "unrealistic" for an employee to believe he could return to work without attending an independent medical examination, given the employer's "serious" concerns about his mental health, a tribunal has ruled in rejecting his unfair dismissal claim.
A role that maintained an employee's salary and seniority was an "acceptable" redeployment offer, even if she viewed it as a "step backwards" in her career, the Fair Work Commission has found.
Failing to properly notify an employee about the outcome of his misconduct investigation was "highly irregular and troubling", but the employer's deficiencies didn't force him to resign, the Fair Work Commission has found.
Despite initially offering voluntary redundancy as an option, an employer wasn't required to pay out a worker when it had acceptable redeployment alternatives available, the Fair Work Commission has ruled.
The stress that an employee suffered after being accused of inappropriate workplace behaviour constituted a disability for the purpose of his adverse action claim, the Federal Circuit Court has ruled.
When an employee nearing the end of her parental leave was removed from her employer's systems and told current staffing levels were "sufficient", she was effectively dismissed, the Fair Work Commission has found.
The "primary motivator" for an absent manager's dismissal was his employer's belief he was falsifying his illness, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
In calling out an employer for failing to consult an employee about her redundancy, the Fair Work Commission has stressed the importance of having "some form of 'keeping in touch' system" during parental leave.
An employer and its senior leaders didn't bully an executive when they asked her repeatedly to return to the office, and started a performance improvement plan after a client complained about her, the Fair Work Commission has accepted.
The informal approach an employer took to addressing an employee's "myriad" behavioural issues ultimately made his summary dismissal harsh, but the Fair Work Commission has nonetheless denied him any compensation.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
