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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A threat to resign by an employee will not constitute a resignation and could well become a dismissal by the…
What follows is a passage from a decision in a recent unfair dismissal case in the Fair Work Commission which…
The difficulties of mounting an argument in an unfair dismissal case that a resignation by an employee was in fact…
“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…
