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.
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.
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.
