Unfair dismissal; the myth that is constructive dismissal

I am often instructed by a client that he or she has been “constructively dismissed”, by which is meant that…

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When will reduced pay or changed conditions be a dismissal?

When will reduced pay or changed conditions be a dismissal? An attempt by an employer to re-classify the role of…

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Employers beware; accepting hysterical resignations may be dismissal

It has long been the case that the Fair Work Commission and its predecessors have had the legal capacity to…

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Constructive dismissal broken down into elements

I have included the following extract from a recent decision of the Fair Work Commission because it constitutes a technical…

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Dismissal without overt action by employer

There are many circumstances in which the employment of an employee may come to an end. Putting aside those occasions…

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What is a “forced” resignation?

The concept of a constructive dismissal is a doctrine which emerges from the common law, and figures in employment law…

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Heat of the moment resignations and unfair dismissal

As most Australians understand, there are circumstances in which a resignation by an employee may be construed as arising from…

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Dismissal by resignation

Both at common law (the doctrine of repudiation) and under the Fair Work Act, the concept of constructive dismissal (ie…

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Fair work law in Australia and the High Court

Yesterday I published a post which pointed out the relationship between the doctrines of repudiation in contract law in Australia…

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The doctrines of repudiation and constructive dismissal

The doctrine of repudiation in the common law arises in the context of contract law. So where two parties have…

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