An employer unintentionally dismissed an employee when it treated his ambiguous comments as a resignation and "unilaterally" declared he was no longer employed, the Fair Work Commission has ruled.
An employee who maintained he was "not in a mental state to text anyone" while absent for more than two months has failed to convince the Fair Work Commission he didn't abandon his employment.
An employee wasn't forced to resign by alleged discrimination, but rather she quit voluntarily because she felt "very aggrieved that she had not been promoted", the Fair Work Commission has ruled.
Failing to consult an absent employee about a change to her start times was a sign of "management incompetence", and not an intention to end her employment, the Fair Work Commission has ruled.
An employer that sacked a senior executive for muttering "offensive" words during an out-of-hours incident has been ordered to pay him $1.5 million in damages and compensation.
After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.
Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.
In a new ruling highlighting the importance of discussing expectations when employees resign, the Fair Work Commission has found a manager didn't "freely" agree to leave before his notified end date.
A manager had "ostensible authority" to act on an employer's behalf, despite its claims to the contrary, and made it "unequivocally clear" to an employee that she no longer had a job, the Fair Work Commission has found.
A labour hire company that wasn't informed a host had ended its employee's assignment has successfully argued it doesn't have to face her general protections claim.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
