BHP Coal was entitled to dismiss a boilermaker who tried to return to work after a lengthy injury-related absence with "quite insufficient and generic medical information" and then refused to attend a company-organised medical assessment.
The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.
The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.
The Fair Work Commission has emphasised that employers can insist workers comply with social media policies that regulate conduct outside the workplace, in upholding the dismissal of an employee who refused to sign an acknowledgement that he had undergone social media training.
A highly-paid Geelong-based anaesthetist has lost his job for a second time after a senior FWC member found that his conduct following his reinstatement in February had contributed to the destruction of his employer's trust in him.
An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.
In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.