Browsing: Absenteeism/sick leave


Paused RTW for aggressive worker was reasonable

A psychologically injured worker's employer did not take unreasonable administrative action against him by declining to return him to work after an incident, but rather was acting out of concern for the welfare of his supervisor and colleagues, a tribunal has found.


Employer liable for injuries after "ambushing" unwell HSR

A major employer's conduct towards a health and safety representative after a safety meeting has been slammed by a tribunal, in throwing out the company's reasonable action claim.


COVID-19 vaccine dismissal and leave disputes determined

The Fair Work Commission has upheld the dismissal of a long-term employee for refusing a COVID-19 vaccine, commending his employer's "difficult to fault" support of his safety concerns. Meanwhile, a worker has lost her bid to be paid sick leave while stood down for not being vaccinated.


Bullying texts and calls breached workplace safety Act

A company that did not have a process to help workers raise concerns over inappropriate behaviour has been fined for safety offences, after its director bullied an injured worker through aggressive text messages and an unannounced visit to her home. In another case, a director has been fined for reversing a forklift into one of his employees.


FWC rejects long-term absent worker's IME claims

A worker dismissed after being on sick leave for 16 months, after a safety stoush, has unsuccessfully claimed her employer had been obligated to send her for an independent medical examination (IME) to ascertain her capacity.

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