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.
An employer's dysfunction enabled an "extremely flawed" dismissal of an employee, one week after it promoted her, and it then displayed a "lack of professionalism" during unfair dismissal proceedings, the Fair Work Commission has found.
An employee's claims that she was "intimidated", "mobbed" and "coerced" at work were "unfounded and nonsensical" allegations designed to "pollute" her general protections claim with scandal, the Fair Work Commission has chided.
An employer's "perseverance" with a proposal to reduce an employee's hours due to health and safety concerns forced her to quit, the Fair Work Commission has ruled in awarding her $29k in compensation.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
