An employee jumped the gun when he resigned before the conclusion of redeployment discussions, and his employer did not repudiate his contract, the Fair Work Commission has found.
Suggesting that an employee take some time off work, or at least stay away from the office after a "fiery" interaction, didn't leave him with no option but to resign, the Fair Work Commission has found.
When an employer failed to communicate its retirement policy to an employee until after it found his replacement, in effect it unfairly dismissed him, according to the Fair Work Commission.
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.
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.
