Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. This HR Daily Premium webcast provides a review of relevant legislation and rulings in this space.
Asking an employee to attend a disciplinary meeting and provide a medical certificate for his unauthorised absence wasn't "coercion", the Fair Work Commission has found in unfair dismissal proceedings.
An employee who refused to attend an independent medical examination has lost her appeal against the direction, after a commission rejected that her employer was trying to block her return to work.
An employer has failed to prove a worker who had been absent for more than 12 months had abandoned his employment, with the Fair Work Commission finding he was too unwell, rather than unwilling, to return.
An employer was not required to put the interests of an employee "ahead of all others", in engaging in mediation to help him return to work after an 18-month absence, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
An employee has failed to prove she was forced to resign because of her employer's lack of support following an illness, with the Fair Work Commission finding it wasn't required to offer her alternative duties.
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".
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
The Fair Work Commission has formally recommended an employer allow a long-serving employee to rescind his resignation and move it to a later date, enabling him to access 57 days of accrued sick leave.
An employer's "outright rejection" of a trial return-to-work plan after an employee's lengthy absence was unlawful discrimination, a tribunal has ruled in awarding him more than $230k.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.
