Resignations by relocation of the workplace; unfair dismissal?

Resignations brought on by relocation of employer. Can it be a constructive dismissal? I have been asked many times about…

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Unfair dismissals by resignation

Most Australian employers and employees will have some understanding of the concept of constructive dismissal. As can be seen from…

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When a resignation will be a dismissal; a fine line

The vexed issue of when an employer’s conduct will be treated by the Fair Work Commission as a constructive dismissal…

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Reducing an employee’s hours of work; a dismissal?

The vexed issue of whether a unilateral reduction in the number of hours available for an employee to work by…

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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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