After complaining about dangerous workplace behaviour, an employee resigned in the heat of the moment, according to the Fair Work Commission, and his employer should have waited to confirm his intentions rather than accept it.
An employee jumped the gun when he resigned before the conclusion of redeployment discussions, and his employer did not repudiate his contract, the Fair Work Commission has found.
A manager who unsuccessfully claimed his employer had repudiated his employment contract has failed to convince a full bench of the Fair Work Commission that granting him leave to appeal is in the public interest.
When an employer accused its CEO of serious misconduct, suggested his termination was "likely", and gave him only hours to decide whether to resign, it effectively dismissed him, the Fair Work Commission has ruled.
Changing an employee's role when she returned from parental leave didn't repudiate her employment, but failing to pay her a $22k bonus breached a fundamental part of her contract and amounted to a dismissal, the Fair Work Commission has found.
A worker, who maintains she was a contractor despite making dismissal claims, has failed to convince the Fair Work Commission it should grant extensions for her various general protections actions.
The general protections claim of an employee seeking more than $100 million is again underway, after a full bench of the Fair Work Commission found his actions against 18 respondents shouldn't have been dismissed.
The one-week gap between a senior manager's resignation and starting her new job has undermined her claims that she was either dismissed during her notice period, or forced to quit due to poorly handled bullying complaints.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
