An employee's dismissal for failing to follow his employer's absence notification requirements during the height of COVID restrictions was "very regrettable", the Fair Work Commission has ruled in awarding maximum compensation.
Faced with a questionable medical certificate, employers are within their rights to seek confirmation of authenticity – with or without an employee's consent, a lawyer says.
An employer that admitted its attempt to sack an absent worker was a "mistake" and tried to take it back does not have to pay compensation for unfairly dismissing her.
An employee who was sacked for being unable to perform her role, despite being willing to attend an independent medical examination, has failed to prove she was unfairly dismissed.
It was "unfortunate" that an employee waited so long to lodge a stop-bullying application given the behaviour of his peers fell "well short of appropriate workplace conduct", the Fair Work Commission has said.
The fact an employee was unlikely to regain fitness for work did not entitle an employer to drop him "like a hot potato" after he ran out of paid leave, the Fair Work Commission has chided.
An absent employee's excuse for failing to obtain medical certificates was not, as he claimed, "a small white lie to avoid embarrassment" but rather "a calculated attempt to mislead" that justified dismissal, the Fair Work Commission has found.
An employer's "rigid" workplace made it impossible to accommodate an injured employee's return to work following a lengthy absence, the Fair Work Commission has ruled in upholding his dismissal.
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