An employer effectively dismissed a pregnant casual when it removed all of her shifts after she refused to pick up a customer order, which she believed would have exceeded her safe lifting capability, the Fair Work Commission has ruled.
An employment contract's wording meant an employer effectively dismissed a worker when its client "prematurely" ended his assignment, the Fair Work Commission has ruled, clearing him to pursue his general protections claim.
An employer that questioned a "high-achieving" employee's commitment to his role after he worked from home on mandatory in-office days has been ordered to pay him more than $26k in compensation for unfair dismissal.
A worker has failed to prove he was dismissed when he was "ambushed" into converting from permanent to casual employment, following concerns about his attendance and performance.
An employee who was absent for two years due to a work-related psychological injury was unreasonably sacked for not completing a performance improvement program, a commission has ruled.
An employee who suffered from back pain because of her "big boobs" has failed to convince the Fair Work Commission she should have been allowed to return to her physically demanding role after being certified "fit for normal duties".
An employee wrongly believed his organisation's formal process for remote-work approvals could be "arbitrarily changed", the Fair Work Commission has found in upholding his dismissal for serious misconduct.
An HR advisor removed an employee from a casual pool because she repeatedly failed to indicate her work availabilities, and not because of her complaints and protected attributes, the Federal Circuit Court has ruled.
An employer has defended an HR officer's allegations that its "toxic culture" and investigation failures amounted to a constructive dismissal, with a commission rejecting her claim for reinstatement.
In light of rising use of medicinal cannabis, it's important for employers to regularly review their D&A policies and ensure they're fit for purpose, lawyers say.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.