An employee wasn't forced to resign when his employer decided to "freshen" up its roster, resulting in shifts that didn't work with his study commitments, the Fair Work Commission has ruled.
An employee's stress during a restructure was potentially exacerbated by some "miscommunication", but her redeployment was reasonable and didn't force her to resign, the Fair Work Commission has ruled.
The Fair Work Commission has been dealing with a raft of resignation disputes lately, and HR teams are "going to see a lot more of this", a lawyer warns.
An employee who resigned because of a manager's "toxic" communication style has failed to prove this was her only option, despite the Fair Work Commission agreeing that it can be "very hard to tell a bully that they are a bully".
An employee who claimed he was screamed at and bullied by managers has lost his constructive dismissal claim, with the Fair Work Commission ruling that his resignation was an "overreaction" to the circumstances.
The fact that an employee's resignation coincided with another company's job offer undermined the "multiplicity of reasons" he gave to support his constructive dismissal claim, the Fair Work Commission has ruled.
The Fair Work Commission has chastised an employer for treating a long-serving manager "with disdain", but has stopped short of finding its conduct was aimed at ending his employment.
An employee did "exactly what he should have done" when a colleague threatened to fight him several times, the Fair Work Commission has found in awarding him compensation for unfair dismissal.
An employer's response to workplace bullying "fell well short of adequate", but it gave an employee several reasonable alternatives to resignation, the Fair Work Commission has found.
The Federal Circuit Court has criticised an HR manager's decision to sack an employee rather than deal with the "dilemma" of her bullying allegations, and fined him $7.6k.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
