Welcome to this issue of Workplace (e)ssentials
In this edition we look at:
Dismissal for inability to attend work and not because of participation in legal proceedings
An employee suffered an adjustment disorder and was dismissed after being absent from work for 34 months over four years. The Federal Magistrates’ Court found that he had been dismissed solely because of his inability to attend the workplace - an inherent requirement of his job.
Employer ordered to reinstate employee who made inappropriate Facebook comments
Fair Work Australia has ordered an employer to compensate and reinstate an employee who was dismissed after allegedly making offensive and derogatory remarks about his managers on his Facebook page.
The Federal Court has ordered a company to compensate its former workers after the company and one of its directors were found to have breached the sham contracting provisions of the former Workplace Relations Act 1996.