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.
After responding to multiple performance and conduct concerns with only warnings and counselling, an employer has failed to convince the Fair Work Commission that it had a valid reason to opt for termination.
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.
Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.
The Fair Work Commission had no jurisdiction to consider whether FDV experienced while working from home meant an employee had suffered a workplace injury, it has noted in concluding her dismissal after a 15-month absence wasn't unfair.
Despite receiving HR advice about how to handle a redundancy meeting, an employer gave a long-serving manager no prior notice of its decision and no opportunity to bring a support person, among other factors found to be unreasonable.
Artificial intelligence is transforming HR practices, and workplaces more broadly. These tools present major opportunities for managing and engaging a workforce, but they come with pitfalls and challenges. Watch this HR Daily Premium webcast to better understand AI's current and future role in HR issues.
In upholding the sacking of a worker accused of defrauding his employer of $12, a Fair Work Commission member denied him procedural fairness, a full bench has ruled.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
