It was reasonable for an employer to accept the resignation of an employee who felt "upset and wronged" after a workplace altercation, the Fair Work Commission has ruled.
An employee wasn't "backed into a corner" when an employer responded to his workplace complaints with underperformance allegations, the Fair Work Commission has ruled in a constructive dismissal dispute.
Asking an employee who was absent on stress leave when he intended to return to work was a "suitable" enquiry and didn't force him to resign, the Fair Work Commission has found.
An employee who "sought not to prolong the unpalatable dance of termination" and sent a frustrated text to her employer has been cleared to pursue her general protections claim.
An employee who claimed she "resisted a male dominated and 'boys club' culture" for years wasn't forced to resign after her employer found a request to "get the coffees" didn't amount to gender-based discrimination, the Fair Work Commission has ruled.
An employer didn't constructively dismiss an employee when it offered her the choice of resigning, or returning to a workplace alongside her alleged bullies, the Fair Work Commission has found.
A manager who told an employee to "f-ck off" and leave work didn't constructively dismiss him, the Fair Work Commission has ruled, finding the direction was an effort to "defuse" their heated exchange.
An employee's "excited utterance" following a heated exchange with her supervisor didn't constitute a resignation, the Fair Work Commission has ruled, finding she was dismissed without an opportunity to respond.
An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.
An employer made reasonable adjustments to an employee's "challenging" and "confronting" duties and hours, the Fair Work Commission has ruled in rejecting she was forced to resign due to a lack of support.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
