Resignations (250 items)

It was unfair to sack an employee who sent "extremely insulting" messages, which inadvertently ended up being viewed by his employer, the Fair Work Commission has found.

Following his "unquestionably harsh" constructive dismissal, an employee has failed to convince the Fair Work Commission that his "complex and severe psychiatric condition", and his loss of credentials due to a recent criminal conviction, shouldn't rule out reinstatement as a remedy.

Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.

Two recent constructive dismissal claims are instructive for employers on when to exercise caution before actioning an employee's resignation.

There was no reason to grant an employer's appeal against a finding that it sacked an employee who had already resigned, a full bench of the Fair Work Commission has found. But in the same decision, it has more than doubled the amount of compensation payable for the unfair dismissal.

A workplace investigation that conflated performance and conduct issues, and had the same investigator and decision-maker, resulted in an employee feeling that she had no real choice but to resign, the Fair Work Commission has accepted.

Difficulties in ensuring an injured employee adhered to his return-to-work plan "could and should have been avoided", but this didn't give him no choice but to quit, the Fair Work Commission has ruled.

An HR manager's incorrect advice regarding the entitlements an employee would receive if he quit wasn't intended to force his hand, the Fair Work Commission has found.

An employee with a psychological injury and who claimed he had an unsafe workload wasn't forced to resign, the Fair Work Commission has found.

When social media posts caused an employer to doubt the validity of an employee's personal leave, it was entitled to seek further information, a commission has ruled in discrimination proceedings.