An employee faced with "mounting" performance concerns voluntarily resigned to avoid being sacked, the Fair Work Commission has found in rejecting her constructive dismissal claim.
An employee who claimed she was constructively dismissed because she couldn't return to full-time work after parental leave "cut short" her options by resigning, the Fair Work Commission has found.
An employee who refused to attend a meeting about a misconduct allegation, then quit after her employer failed to conduct an "urgent review" of her complaints, was not forced to resign, the Fair Work Commission has found.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
