Unfair dismissal cases based on resignations

The Fair Work Act provides that a person is to be regarded as having been dismissed if either the person’s…

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Constructive dismissal, bullying and performance management

While performance management by an employer of an employee can be very distressing for the employee, if it capable of…

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Unfair dismissal; forced resignation

“Here is an extract from a rare Fair Work Commission case in which the Commission has accepted that the applicant…

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Fair work laws; when will a resignation be a dismissal?

One of the most common reasons I am contacted in my business by an employee is because he or she…

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Constructive dismissal in fair work laws

What follows is a passage from a decision in a recent unfair dismissal case in the Fair Work Commission which…

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Resignations, fair work issues and unfair dismissal

Here is an extract from a recent Fair Work Commission case which neatly outlines the legal principles involved in determining…

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Unintentional dismissals and unfair dismisal

It is quite common for an employer to contend in an unfair dismissal case that the employee resigned and for…

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Dismissal or resignation; you be the judge

Here is a passage from one of the very rare cases in which an employee has succeeded in demonstrating in…

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Fair work cases; forced dismissal

It is quite common for people to refer to a “forced dismissal” and that term is used by a Deputy…

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What is a constructive dismissal?

It is much more difficult than most believe to have the Fair Work Commission, in an unfair dismissal case, accept…

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