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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Unfair dismissal after resignation

The dismissal of an employee after he or she has resigned will, despite the notice of resignation having been tendered…

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Withdrawing a resignation; is it effective?

As a general principle, the law is that once tendered, a notice of resignation by an employee takes effect according…

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Heat of the moment resignations Part 2

Last week I posted a blog about the legal implications, particularly for unfair dismissal cases, of heat of the moment…

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Heat of the moment resignations

The unfair dismissal jurisdiction of the Fair Work Commission and the remaining  State industrial tribunals are dependent upon there having…

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