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.
A sacked employee has won reinstatement despite his employer's objections, with the Fair Work Commission accepting he could continue advocating for his jailed partner without adversely affecting its reputation.
Adjusting an employee's roster to accommodate her caring responsibilities wouldn't have imposed a significant burden on an employer, and its refusal amounted to discrimination, a tribunal has ruled.
The Fair Work Commission has rejected that an employee was forced to resign due to unaddressed psychosocial risks, finding her employer was "supportive" and acted in a "timely and comprehensive manner".
The Fair Work Commission has berated an employee, who continued to use AI tools to prepare his general protections claim after being warned his submissions were "incoherent" and misleading.
Despite an employee's efforts to cast an email he sent in a different light, a commission has found it wasn't about "wishing everyone a happy new year" but rather was "extremely inappropriate" and warranted his dismissal.
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.
