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.
It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, 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.