It was "unrealistic" to expect an employer to wait for an injured employee to undergo therapy before dismissing him for being unable to perform the inherent requirements of his role, the Fair Work Commission has ruled. » more »
Managing sick employees on an ad hoc basis increases the risk of claims and undocumented absences, making it critical for employers to enforce clear sick leave policies, a workplace lawyer says. » more »
Employers are now paying much more attention to how they manage sick leave, an area that has traditionally been quite ad hoc, a workplace lawyer says. » more »
An employee who refused to return her company vehicle and sent hostile texts to HR while on leave for work-related stress was fairly dismissed, the Fair Work Commission has ruled. » more »
A Fair Work Commissioner failed to consider whether an employee's sacking for excessive absenteeism was fair in light of his medical condition, a full bench has ruled in allowing an appeal. » more »
Managing ill and injured employees can become incredibly complex, so it's important for employers to remember they have a clear right to seek medical information to help them in the process, according to a workplace lawyer. » more »
A court has overturned an employee's $160k compensation for adverse action, finding an HR manager was justified in dismissing an absent employee who refused to attend an independent medical examination. » more »
A tribunal has upheld an employee's sacking for absenteeism and "confrontational and aggressive" behaviour, rejecting her claim that she was not adequately warned about her conduct. » more »
The Fair Work Commission has commended an employer's procedurally fair process in the lead-up to dismissing an employee who was injured outside of work and could no longer perform her job. » more »
An appeal tribunal has found an employee was unfairly dismissed for taking an overseas holiday while absent from work on sick leave. » more »
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This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.
