What is the effect of a heat of the moment resignation?

“The question arises as to whether this is to be characterised as a “heat of the moment” resignation which, having…

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Suspension and investigation not dismissal

The suspension of an employee and the instigation of an investigation into the actions of an employee will not generally…

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Transfer of employee to new position; a dismissal?

The Fair Work Commission has held that an employer does not have the right to transfer an employee from one…

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Constructive unfair dismissal; repudiation

The most easily comprehended constructive dismissal is where an employer instructs an employee to resign or be sacked. In such…

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Unfair dismissal; constructive dismissal explained

There is a very fine line on the one hand between an employer’s conduct (whether vicarious or not) which justifies…

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When is a resignation a dismissal?

  The concept of constructive dismissal is known to most Australians, but that is not to say that most people…

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Constructive dismissal defined

The test for constructive dismissal was considered by the Full Bench in Kylie Bruce v Fingal Glen Pty Ltd (in…

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Adverse performance review is not constructive dismissal

“It is also noted that previous Commission decisions have determined that an employee who has resigned after being involved in…

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When is an employee considered dismissed?

In J Searle and Moly Mines Limited [2008] AIRCFB 1088., a full bench considered the meaning of termination at the…

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Constructive dismissal explained

“This aspect of the concept of constructive dismissal which does not necessarily manifest as a so-called forced resignation of an…

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