An employer has failed to prove a long-serving employee "decided to jump before she was pushed", when she verbally resigned after it made serious allegations against her.
A senior employee had no choice but to resign after an employer said her performance was "just not working for the business", just weeks after she requested leave to have surgery, the Fair Work Commission has found.
An employee has failed to convince the Fair Work Commission that her employer changed an internal review process after she complained about her superior, so that she would be forced to resign.
An HR manager on probation has failed to prove she was constructively dismissed after her employer rejected her request for leave to give birth and deal with the "substantial challenges" that would follow.
An HR business partner has defended claims she failed to support an overwhelmed manager, with the Fair Work Commission finding she often acted as a "sounding-board" and tried to help improve her performance.
A "stupid" comment to a young employee wasn't a "threat of fatal violence" but it nonetheless made his work environment feel less safe, and forced him to resign, the Fair Work Commission has found.
Amid soaring absence rates many employees are now being accused of abandoning their employment, but there's a high threshold for establishing this in a dispute, a lawyer says.
An employee has failed to prove she was forced to resign for the sake of her mental health, alleging she was bullied and falsely accused of misconduct.
An employee with ADHD has claimed a disciplinary meeting was so distressing she had to walk out, with the Fair Work Commission accepting this wasn't a resignation.
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.
