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.
An employee who repeatedly provided "unacceptable" medical certificates to cover his absence effectively abandoned his employment, the Fair Work Commission has found.
An employee who failed to attend work for three weeks because he'd been remanded in custody has lost his unfair dismissal claim, with the Fair Work Commission finding he abandoned his employment.
An employee who was absent for more than three years due to illness has lost his unfair dismissal claim, with the Fair Work Commission finding his employer wasn't required to hold his position open "indefinitely".
An employer has defended sacking an absent employee after an independent medical assessment found "malignant resentment" prevented her from ever being fit to return.
A remote worker has failed to prove her dismissal for having "low keystroke activity" over a three-month period was unfair, with the Fair Work Commission finding her failure to perform duties was not "minor" or "incidental".
The Fair Work Commission has expressed "genuine concern" that an employee would continue to be bullied if it didn't make interim orders halting a disciplinary process.
An employer tried to accommodate a long-serving employee's health issues "as much as [it] could" before sacking her, but its process was deficient, the Fair Work Commission has found in awarding her compensation.
A manager experienced "obvious frustrations" with an employee who was frequently absent, but a commission has rejected that he discriminated against her due to her caring responsibilities.
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.