When is a forced resignation a dismissal?

When will a forced resignation constitute a dismissal for the purposes of the Fair Work Act? Here are the legal…

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Termination of employment; what is a dismissal?

It is surprising how many legally recognized variations on a dismissal there are in employment law; for example, constructive dismissal,…

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What is a constructive dismissal?

Here is a portion from a recent decision of the Fair Work Commission in an unfair dismissal case which sets…

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The elements of a constructive unfair dismissal

An employee has lost an unfair dismissal case after he resigned because his employer had required him to work from…

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Unfair dismissal and constructive dismissal

There is a very fine line sometimes between as constructive dismissal (ie a dismissal not at the initiative of the…

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Unfair dismissal and constructive dismissal

Here is a passage from a recent decision of the Fair Work Commission in an unfair dismissal case which explains…

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Unfair dismissal and changes of workplace and hours

A unilateral directive or instruction by an employer to an employee to change his or her place of work and/or…

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Constructive dismissal case succeeds

It is comparatively rare for an employee to win an unfair dismissal case based upon an argument that the dismissal…

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Dismissal vs resignation

  The following passage from a recent decision of the Fair Work Commission is a good summary of the legal…

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Unfair constructive dismissal and heat of the moment resignations

Two of the most misunderstood legal doctrines in unfair dismissal practice are heat of the moment resignations and constructive dismissal….

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