Two recent FWC decisions where medical circumstances were advanced by employees in relation to extensions of time for their unfair dismissal applications raise interesting issues, especially given our recent seminar on managing ill, injured and absent employees. In Hickey v Australia Post, following medical retirement by Australia Post, Hickey argued his anxiety, which he said … Read more
The KHQ Workplace Relations Team would love to have you join us on 24 May 2016 to discuss the complexities associated with managing ill, injured and absent employees. With a number of competing legal obligations to balance and manage, this area can present a number of difficulties for human resources professionals and managers. Often, concerns … Read more
One for the back pocket when faced with an argument about “custom and practice” as a barrier to change! If you only read one case this year as we drive our change programs then this is it! (Ok, yes a big call, I’d add in cases like Burke v Suncorp and Jayco Caravans on mental … Read more
WORKPLACE MENTAL HEALTH: Another reason to support, rather than stigmatise, our people who self-report personal issues and seek our help. While not specifically on mental health (but rather as a case concerning a victim of domestic violence it is absolutely analogous), in this recent case the Fair Work Commission found a dismissal to be unfair … Read more
Posting about an employer while employed can impact on an employee being awarded their job back. Social Media Rant- a tempting trap? The impact that social media, and specifically what an employee posts on social media, is being more frequently considered in the employment context. For example, since the “boom” of social media platforms like … Read more
Earlier this week we commented on trends & sleeper issues for 2016. Hot on the tail of this, the Fair Work Commission has issued an important ruling in relation to leave during notice periods. This is super important for all employers generally, and in this blog we provide our thoughts on the decision and discuss … Read more
Welcome back for 2016! What the early cases are already telling us in 2016 – the race for change is on. What are your competitors potentially doing that you are not? The Fair Work Act places multiple hurdles to change. Whether it be business necessity or not, those hurdles are now really being tested – with … Read more
Further to our developing series on workplace mental health, this employee claimed incapacity due to hospitalisation for mental health but was still able to brief a lawyer, make a bullying complaint and lodge an application from his hospital bed. Nevertheless, this is perfectly understandable and Deputy President Kovacic found that this was an exceptional circumstance … Read more
In another case on what is becoming a rush of decisions involving mental health claims, see Vernham v Jayco Caravans. In this case, the employee threatened that he would “go postal” and complained to some people that he was suicidal. The company conceded that the day before the threat he was in an agitated state. … Read more
