An employer's frustration with an employee's poor attitude and performance was understandable, but its procedural deficiencies made her dismissal unfair, the Fair Work Commission has ruled.
An employer did not force a worker to resign when it gave him "false hope" that he would be next in line for training and career progression opportunities, the Fair Work Commission has found.
An employee has failed to prove she was forced to resign because of her employer's lack of support following an illness, with the Fair Work Commission finding it wasn't required to offer her alternative duties.
An employer has defended an HR officer's allegations that its "toxic culture" and investigation failures amounted to a constructive dismissal, with a commission rejecting her claim for reinstatement.
An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.
An employee who resigned in the "heat of the moment" was dismissed, the Fair Work Commission has ruled, finding the employer failed to clarify whether she "really intended" her action.
An employee voluntarily resigned because he couldn't let go of a workplace grievance, the Fair Work Commission has ruled, finding he could have instead followed his employer's directions to stop all disrespectful communications.
It was reasonable to summarily dismiss an employee who responded to performance concerns by calling managers "c-nts" in a staff Facebook group chat, the Fair Work Commission has found.
An employee was forced to resign due to her employer's "persistent" enquiries about her return to work during her pregnancy and parental leave, the Fair Work Commission has ruled.
The Fair Work Commission has formally recommended an employer allow a long-serving employee to rescind his resignation and move it to a later date, enabling him to access 57 days of accrued sick leave.
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.
