Unfair dismissal cases involving resignations

This extract from a very recent unfair dismissal decision of the Fair Work Commission constitutes a very good example of…

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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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Unfair dismissal and resignations

A threat to resign by an employee will not constitute a resignation and could well become a dismissal by the…

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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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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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What is a resignation?

“In Koutalis, at issue was whether Mr Pollett resigned or was constructively dismissed. In relation to the former issue His Honour…

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Dismissal or resignation? Fair work law

It is often a fine line between a resignation and a dismissal as is evident in the following extract from…

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Resignation must be clear and unambiguous

A resignation cannot be acted upon by an employer unless it is clear and unambiguous. Thus despite a dispute with…

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Unfair resignation; when will it be a dismissal?

Barely a day goes by without the Fair Work Commission having to decide in an unfair dismissal case whether the…

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Accepting redundancy pay is not resignation

Accepting a forced redundancy payment is not a resignation. An attempt by an employer to avoid an unfair dismissal claim…

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