Failing to properly notify an employee about the outcome of his misconduct investigation was "highly irregular and troubling", but the employer's deficiencies didn't force him to resign, the Fair Work Commission has found.
Despite initially offering voluntary redundancy as an option, an employer wasn't required to pay out a worker when it had acceptable redeployment alternatives available, the Fair Work Commission has ruled.
An employer's "ongoing failure" to pay an employee's wages and superannuation on time left her with no option but to resign, the Fair Work Commission has found.
Instead of accepting an underperforming employee's "gracious" resignation, an employer immediately and unfairly dismissed him for serious misconduct, the Fair Work Commission has ruled.
A deed of release prevented an employee from pursuing a general protections claim in the Fair Work Commission, a full bench has ruled, in refusing to disturb a finding that he signed it willingly.
An employer constructively dismissed an employee after its HR manager failed to investigate her bullying complaints and instead accused her of misconduct, the Fair Work Commission has found.
After complaining about dangerous workplace behaviour, an employee resigned in the heat of the moment, according to the Fair Work Commission, and his employer should have waited to confirm his intentions rather than accept it.
An employee's "extraordinary circumstances" gave him the right to request a working-from-home arrangement, and he did not resign by repudiation, the Fair Work Commission has found.
In rejecting an employee's appeal over his failed unfair dismissal claim, the Fair Work Commission has reinforced that it does not have to make general enquiries into workplace conduct or culture to conduct a fair hearing.
A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
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.