When does a resignation count as a dismissal?

The difficulties of mounting an argument in an unfair dismissal case that a resignation by an employee was in fact…

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Constructive dismissal in workplace law

One of the circumstances in which Australian statutory employment law is prepared to treat a resignation as a termination of…

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Unfair dismissal and resignations

The following passage from a recent unfair dismissal decision of the Fair Work Commission is a very good and practical…

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Unfair dismissal; a classic definition of constructive dismissal

Here, from a recent decision of the Fair Work Commission is a classic definition and explanation of a constructive dismissal….

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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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