Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
Continuing to engage with a mentally unwell employee who was certified unfit for work left him with no choice but to resign, and amounted to a harsh dismissal, the Fair Work Commission has found.
The Fair Work Commission has cleared an employee to pursue a general protections dismissal claim against her employer, after it said she'd need to earn the respect of new staff through a "staged" return from parental leave before she could resume her previous HR duties.
Emails to an HR practitioner showed an employee appreciated his help in facilitating her retirement, and not that she was "forced down a path she did not want to take", the Fair Work Commission has found.
Covertly applying for a job with an employer's client didn't breach an employee's contractual restraint, but it was nonetheless misconduct that warranted her dismissal, the Fair Work Commission has found.
Frustration with an employee who acted unprofessionally should not have coloured an employer's perception of whether her "disrespectful" comments amounted to a resignation, the Fair Work Commission has found.
An employee who complained about gender-based discrimination and harassment has failed to persuade the Fair Work Commission that her resignation was a "probable consequence" of her employer's response to her concerns.
An employee had no choice but to resign after she complained about sexual harassment and then wasn't properly informed of the investigation's outcome, the Fair Work Commission has ruled.
An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
