When a manager told an employee he wanted to chat to him, but wouldn't "hold a gun" to his head, it was clearly not a threat to his safety, the Fair Work Commission has ruled in a constructive dismissal dispute.
A Fair Work Commissioner applied the wrong principles when he found an employer had no reason to question whether a resignation, tendered during a paranoid delusion, was freely given.
When an employer responded to an employee's bullying complaints by threatening her mother's job, she had no choice but to resign, the Fair Work Commission has found.
After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
Blaming a general manager for stalling a redundancy consultation process, when the purpose of any further discussion remained "opaque", was "self-serving and disingenuous", the Fair Work Commission has ruled.
Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
Continuing to engage with a mentally unwell employee who was certified unfit for work left him with no choice but to resign, and amounted to a harsh dismissal, the Fair Work Commission has found.
The Fair Work Commission has cleared an employee to pursue a general protections dismissal claim against her employer, after it said she'd need to earn the respect of new staff through a "staged" return from parental leave before she could resume her previous HR duties.
Emails to an HR practitioner showed an employee appreciated his help in facilitating her retirement, and not that she was "forced down a path she did not want to take", the Fair Work Commission has found.
