An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.
It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.
The Fair Work Commission is planning to require more work upfront from individuals lodging general protections dismissal claims, its President has told a conference.
The refusal of an HR manager's flexible work request did not indicate the employer intended to end her employment or leave her with no choice but to quit, the Fair Work Commission has ruled.
Extending an employee's probation period while she was on sick leave would have been distressing for her, but the employer had "little alternative", the Fair Work Commission has found.
Expressions of gender bias were part of wider cultural issues that "take time" to improve, an employer has claimed in objecting to an employee's general protections dismissal application.
Even if certain negative behaviours were "manifestations" of an employee's autism spectrum disorder, they weren't a substantial and operative reason for her dismissal, the Fair Work Commission has ruled.
An employee who had been absent for more than two years before resigning has failed to convince the Fair Work Commission he was forced out by a pattern of "sustained psychological abuse, structural mismanagement [and] coercion".
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
