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.
The Fair Work Commission has rejected that an employee's domestic violence disclosure to HR triggered an "exponential" increase in performance conversations that led to his constructive dismissal.
An underperforming employee has failed to prove he was forced to resign, with the Fair Work Commission accepting his manager was genuinely trying to "get the best out of him".
An employee had "legitimate privacy concerns" about her employer's vaccination history request and was unfairly sacked for resisting it, a commission has ruled in awarding her 14 weeks' compensation.
An HR manager took the "first opportunity" to dismiss an employee who raised workplace bullying allegations, a court has ruled in adverse action proceedings.
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.
