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.
An employer didn't force an employee to resign by changing the days and times of his performance management meetings, the Fair Work Commission has ruled.
A commissioner has been left "perplexed" as to why an employee didn't complain to HR about his role changing, in rejecting that he was constructively dismissed.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
