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.
An employer didn't force an employee to resign when it ordered her to cease working from home due to safety concerns, according to the Fair Work Commission.
A manager "misconceived" a reduction in her duties in a negative light when in fact her employer was offering support to overcome challenges in her role, the Fair Work Commission has found in constructive dismissal proceedings.
An employee who resigned four times in two days could not simply argue her actions were "a sudden and out of character brain snap", the Fair Work Commission has found in rejecting her constructive dismissal claim.
An employer failed its workforce by putting its "head in the sand" rather than addressing misconduct complaints, but it has nonetheless defended a worker's forced resignation claim.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
