The difficulties of mounting an argument in an unfair dismissal case that a resignation by an employee was in fact…
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“In Koutalis, at issue was whether Mr Pollett resigned or was constructively dismissed. In relation to the former issue His Honour…
It is often a fine line between a resignation and a dismissal as is evident in the following extract from…
A resignation cannot be acted upon by an employer unless it is clear and unambiguous. Thus despite a dispute with…
Barely a day goes by without the Fair Work Commission having to decide in an unfair dismissal case whether the…
Accepting a forced redundancy payment is not a resignation. An attempt by an employer to avoid an unfair dismissal claim…
The dismissal of an employee after he or she has resigned will, despite the notice of resignation having been tendered…
As a general principle, the law is that once tendered, a notice of resignation by an employee takes effect according…
Last week I posted a blog about the legal implications, particularly for unfair dismissal cases, of heat of the moment…
The unfair dismissal jurisdiction of the Fair Work Commission and the remaining State industrial tribunals are dependent upon there having…
