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Managing Ill and Injured Employees

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EMPLOYMENT UPDATE

Employee with questionable “full” capacity medical certification not unfairly dismissed

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The Fair Work Commission (‘Commission’ or ‘FWC’) has recently found that a teacher whose employment was terminated following a contentious, year-long recovery from a psychological injury sustained at work, was not unfairly dismissed, despite providing the employer with a medical certificate indicating that she had “full” capacity to return to work. Background The unfair dismissal […]

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Meaning of “temporary” absence clarified

Employees will, at different stages of their working life, take time off work to deal with illnesses or injuries that are not work-related. Employees who are “temporarily” absent due to injury or illness are protected against dismissal where the dismissal is related to their absence.  The question of a “temporary” absence is often vexed. In […]

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EMPLOYMENT UPDATE

Confusion about “temporary” absences clarified by the Fair Work Commission

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In this Employment Update we deal with the often vexed question of “temporary” absence and the three (3) month period referred to in the Regulations to the Fair Work Act. The Fair Work Commission has considered the meaning of a “temporary” absence in two recent unfair dismissal decisions, both heard by Commissioner Jennifer Hunt. Both […]

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Options if an employee is no longer fit to perform their role

Do you have an employee with a long term illness or injury? In this video, Hamish Procter from Aitken Legal explains that one of the more complex situations we are asked to give advice on is a situation where an employee has been absent from work due to a long term illness or injury.  To […]

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