Technical issues that prevented an employee from working from home for a few days were "hardly of sufficient gravity" to force him to resign, the Fair Work Commission has found.
An employer has failed to prove an executive followed through with her threats to resign, with the Fair Work Commission finding no reasonable person would have understood her words to mean she was leaving her job.
An employer's "poor and uninformed" response to a pregnant manager's working-from-home request did not amount to a constructive dismissal, the Fair Work Commission has found.
An employer has failed to prove it sacked a long-serving employee for pushing a colleague, with the Federal Circuit Court finding a "close nexus" between its decision and his workplace complaints.
A large employer designed a restructure to manage out a "difficult and litigious" senior employee who "actively and successfully" exercised her workplace rights, the Federal Circuit Court has ruled.
An employer has failed to prove a worker who had been absent for more than 12 months had abandoned his employment, with the Fair Work Commission finding he was too unwell, rather than unwilling, to return.
A casual employee who complained about being underpaid and was then punished with reduced hours had no real choice but to resign, the Fair Work Commission has ruled.
An employer did not force a worker to resign when it gave him "false hope" that he would be next in line for training and career progression opportunities, the Fair Work Commission has found.
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.
