Adverse action & general protections | Page 8 (448 items)

When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.

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.

Employers require more than a disagreement or impasse to prove an employee has repudiated their contract, a workplace lawyer says.

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.

Relying on repudiation of employment as a reason for termination can be risky, a lawyer says in our latest Q&A.

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.