A Fair Work Commissioner was wrong to dismiss an adverse action claim on the basis of a settlement being reached, in circumstances where the parties maintained their agreement wasn't binding, a full bench has ruled.
The stress that an employee suffered after being accused of inappropriate workplace behaviour constituted a disability for the purpose of his adverse action claim, the Federal Circuit Court has ruled.
When an employee nearing the end of her parental leave was removed from her employer's systems and told current staffing levels were "sufficient", she was effectively dismissed, the Fair Work Commission has found.
An employer's "ongoing failure" to pay an employee's wages and superannuation on time left her with no option but to resign, the Fair Work Commission has found.
A deed of release prevented an employee from pursuing a general protections claim in the Fair Work Commission, a full bench has ruled, in refusing to disturb a finding that he signed it willingly.
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.
