Employee resignations are on the rise, and so are disputes about whether they are genuine, or constructive dismissals. This Q&A discusses protective and preventative steps employers can take.
A recruitment company used a stand-down direction to force a state manager to resign, so it could avoid paying her contractual entitlement to three months' notice, the Fair Work Commission has ruled.
An employee sacked for deliberately misusing his company credit card has been awarded compensation for unfair dismissal after the Fair Work Commission found his employer's response was "severely flawed", and amounted to an ambush.
An employer has defended sacking an employee who altered personnel files to help his family members obtain jobs they would not otherwise have been considered for.
An employee was not required to correct HR's misunderstanding of his "clearly" conditional resignation, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
An employer had no obligation to reverse an employee's resignation, the Fair Work Commission has ruled, finding her requests for reconsideration were disingenuous.
An employer accused of taking sides when a workplace affair went sour was in fact "amenable, flexible and considerate", the Fair Work Commission has found in rejecting a constructive dismissal claim.
An employee who was "clearly" frustrated about his delayed return to work after an injury deserved to be dismissed for his derogatory comments to an HR manager, the Fair Work Commission has ruled.
An employee accused of spreading rumours about her boss has successfully argued she was constructively dismissed following a "humiliating" investigation process.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
