After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.
There was a "significant degree of unreality" in an employee's claim that his employer no longer wanted to be bound by their contract, the Fair Work Commission has ruled, finding he wasn't forced to quit.
In a new ruling highlighting the importance of discussing expectations when employees resign, the Fair Work Commission has found a manager didn't "freely" agree to leave before his notified end date.
A manager had "ostensible authority" to act on an employer's behalf, despite its claims to the contrary, and made it "unequivocally clear" to an employee that she no longer had a job, the Fair Work Commission has found.
An employer didn't force an employee to resign when it ordered her to cease working from home due to safety concerns, according to the Fair Work Commission.
A manager "misconceived" a reduction in her duties in a negative light when in fact her employer was offering support to overcome challenges in her role, the Fair Work Commission has found in constructive dismissal proceedings.
An employee who resigned four times in two days could not simply argue her actions were "a sudden and out of character brain snap", the Fair Work Commission has found in rejecting her constructive dismissal claim.
An employer failed its workforce by putting its "head in the sand" rather than addressing misconduct complaints, but it has nonetheless defended a worker's forced resignation claim.
An employer's response to complaints about a "close personal relationship" between employees was "far too informal", but it didn't amount to a constructive dismissal, the Fair Work Commission has ruled.
An employer's announcement that it took "positive steps" to remove an employee accused of sexual harassment from the workplace has undermined its claim that he voluntarily resigned.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
