An employee's unfair dismissal claim can proceed after the Fair Work Commission found her resignation and subsequent re-employment as a casual five days later didn't break her continuous service.
A casual employee's continuous service was broken when she complied with her employer's direction to resign before going on holidays, and then sign a new contract on her return, the FWC has ruled.
The Fair Work Commission has lambasted a large employer for constructively dismissing a manager, finding its arrogant senior leaders rendered the HR function "largely impotent".
A voluntary resignation will not be considered forced simply because an employee is dissatisfied with their treatment at work, the Fair Work Commission has affirmed in a constructive dismissal dispute.
An employee who claimed she was forced to resign because her concerns about a "toxic" workplace weren't addressed has lost her unfair dismissal action.
An employer acted too hastily in ending the employment of a worker who complained about underpayments and said he would hand in his notice, the Fair Work Commission has found.
An employer responded in a professional, reasonable and sensitive way to a stressed employee's uncharacteristic outburst, the Fair Work Commission has found in rejecting her constructive dismissal claim.
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