After initially throwing out his claim, the Fair Work Commission has found a mentally unwell employee was dismissed when his employer accepted his resignation, and that his circumstances made this "unquestionably harsh".
It was "disgraceful" for an employer to retain a director on its board after substantiating s-xual harassment allegations against him, the Fair Work Commission has found.
An employer took appropriate steps to ensure an unwell employee was "sound of mind" before accepting his resignation, a Fair Work Commission full bench has found in upholding its constructive dismissal appeal.
In appealing an unfair dismissal ruling, an employer has unsuccessfully argued that prohibiting an employee from working after she resigned was a "reasonable operational decision".
The Fair Work Commission has rejected that an employee was forced to resign due to unaddressed psychosocial risks, finding her employer was "supportive" and acted in a "timely and comprehensive manner".
The Fair Work Commission has berated an employee, who continued to use AI tools to prepare his general protections claim after being warned his submissions were "incoherent" and misleading.
Accepting an employee's resignation without clarifying a misunderstanding about her role amounted to a constructive dismissal, the Fair Work Commission has found.
Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
An HR manager who claimed to have "elevated" experience and the ability to "model proper workplace behaviours" had options other than quitting when she was upset by inappropriate workplace comments, the Fair Work Commission has found.
Foreshadowing the resumption of an absent employee's performance management process wasn't "retaliatory" after she complained about her workplace culture, the Fair Work Commission has found, in accepting she wasn't forced to quit.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
