An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.
Encouraging an employee to take some time to "sort out" her mental health issues did not constitute a constructive dismissal, the Fair Work Commission has found.
The Fair Work Commission has sided with an employer that sought to reduce the time an employee worked from home, saying it's expected that management will "take reasonable measures to ensure that staff are providing the value for which they are paid".
Accepting the resignation of an employee suffering from "mental confusion" did not amount to a constructive dismissal, the Fair Work Commission has found.
If an employee had provided more insight into her workplace concerns, instead of resigning, her employer might have been "more proactive" in addressing them, the Fair Work Commission has ruled.
Changes to a manager's work arrangements amounted to "reasonable give and take" in the employment relationship, and didn't force him to resign, the Fair Work Commission has found.
Although a workplace had "clear" interpersonal conflict issues, an employer didn't facilitate a toxic environment that forced a manager to resign, the Fair Work Commission has found.
The finality of settlement deeds is being challenged more frequently by ex-employees, meaning employers often can't assume a dispute is "done and dusted". Watch this HR Daily Premium webcast to understand how to achieve mutually binding agreements, with minimal risk of further disputes.
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.
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.
