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.
A manager's inappropriate conduct and poor attitude negatively impacted an employer's reputation and profitability, the Fair Work Commission has ruled in upholding his dismissal.
An employee who claimed his employer failed to act upon his "litany" of workload and resourcing complaints has failed to prove he was constructively dismissed.
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.
