An employee who "hijacked" a meeting and then resigned in the heat of the moment has lost his unfair dismissal claim, after the Fair Work Commission accepted he engaged in serious misconduct that warranted termination.
An employer's actions probably contributed to the stress an employee was under when she resigned, but that didn't mean it "forced" her decision, the Fair Work Commission has found.
Allowing a supervisor to retract his resignation on the condition of returning to work as a team member amounted to a dismissal, the Fair Work Commission has ruled.
A mutually agreed termination couldn't later be characterised as a dismissal, even if the parties were in dispute about its terms, the Fair Work Commission has ruled.
The "commensurate" positions an employer offered its workers because their roles were no longer required were in fact demotions that repudiated their employment contracts, the Fair Work Commission has found.
Regularly pressuring an employee to work overtime posed a "real risk" to his health and safety, and was just one example of the repeated unreasonable conduct that forced him to resign, the Fair Work Commission has ruled.
Frustrated by his workload, an employee quit "impulsively and under some pressure", but confirming his intentions an hour later meant the employer was entitled to treat his resignation as "unambiguous", the Fair Work Commission has ruled.
An employee, who asked to reduce her hours when returning from parental leave, did not effectively resign when she indicated that she wouldn't return to a full-time position, the Fair Work Commission has found.
An employee had "untenable" expectations for workplace adjustments, the Fair Work Commission has found, given she hadn't disclosed a psychological condition to her employer.
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.
