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.
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.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.