An employer has lost its jurisdictional objection to a manager's unfair dismissal claim, but his "belittling and insulting" behaviour gave it a valid reason to sack him, the Fair Work Commission has ruled.
When an employer accused its CEO of serious misconduct, suggested his termination was "likely", and gave him only hours to decide whether to resign, it effectively dismissed him, the Fair Work Commission has ruled.
An employee who resigned after her annual leave request was denied wasn't dismissed, nor did she act in the "heat of the moment", the Fair Work Commission has found.
Despite accusing his employer of unlawful conduct and abusive management practices, an employee had options other than quitting his role, according to the Fair Work Commission.
The one-week gap between a senior manager's resignation and starting her new job has undermined her claims that she was either dismissed during her notice period, or forced to quit due to poorly handled bullying complaints.
A manager was not forced to resign, but rather engaged in a clear strategy of undermining his own return to work because "he wanted to be dismissed", the Fair Work Commission has ruled in rejecting his general protections claim.
When a CEO asked an employee if she had another job to go to and then gave her an "opportunity to resign" before a negative performance review, she had no option but to quit, the Fair Work Commission found.
An employer unintentionally dismissed an employee when it treated his ambiguous comments as a resignation and "unilaterally" declared he was no longer employed, the Fair Work Commission has ruled.
It was unfair to sack an employee who refused to sign a new employment contract with higher sales targets and "unreasonable" restraint clauses, the Fair Work Commission has found in awarding him $42.5k in compensation.
