The Fair Work Commission has been dealing with a raft of resignation disputes lately, and HR teams are "going to see a lot more of this", a lawyer warns.
Three months was a "reasonable" amount of time to wait and see if an employee recovered from a psychological injury so he could return to work, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
An employee who resigned because of a manager's "toxic" communication style has failed to prove this was her only option, despite the Fair Work Commission agreeing that it can be "very hard to tell a bully that they are a bully".
An employee's comments to a colleague "under the guise of humour" went "far beyond simply swearing" and amounted to s-xual harassment, the Fair Work Commission has ruled.
A director who became "erratic and abusive" after a workplace relationship broke down has lost his unfair dismissal claim, with the Fair Work Commission finding the employer exhausted all other avenues before making its decision.
The fact that an employee's resignation coincided with another company's job offer undermined the "multiplicity of reasons" he gave to support his constructive dismissal claim, the Fair Work Commission has ruled.
An employer's failure to investigate alleged misconduct at a client site "heavily contributed" to an employee's unfair dismissal, the Fair Work Commission has found.
The Fair Work Commission has chastised an employer for treating a long-serving manager "with disdain", but has stopped short of finding its conduct was aimed at ending his employment.
Even though a team leader's second job wasn't with a competitor, as her first employer claimed, it was nonetheless "detrimental" to her duties and justified her dismissal, the Fair Work Commission has found.
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