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.
An employee wasn't forced to resign by alleged discrimination, but rather she quit voluntarily because she felt "very aggrieved that she had not been promoted", the Fair Work Commission has ruled.
Failing to consult an absent employee about a change to her start times was a sign of "management incompetence", and not an intention to end her employment, the Fair Work Commission has ruled.
After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.
There was a "significant degree of unreality" in an employee's claim that his employer no longer wanted to be bound by their contract, the Fair Work Commission has ruled, finding he wasn't forced to quit.
In a new ruling highlighting the importance of discussing expectations when employees resign, the Fair Work Commission has found a manager didn't "freely" agree to leave before his notified end date.
A manager had "ostensible authority" to act on an employer's behalf, despite its claims to the contrary, and made it "unequivocally clear" to an employee that she no longer had a job, the Fair Work Commission has found.
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.
