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Can a notice of resignation be withdrawn?

Learn more about resignation and notice periods.

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Employer can’t “revive” a resignation after parties have agreed to continue employment

An employer's attempt to "accept" an employee's earlier resignation backfired when the Fair Work Commission ruled it as a dismissal. Learn why once a resignation is withdrawn, it can't be revived without mutual agreement, and how employers can protect themselves in similar situations.

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Employer misjudges resignation as contract breach and faces FWC action

A law firm’s response to an employee’s resignation and sick leave has landed it in legal hot water.

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Was resignation forced or voluntary?

The Fair Work Commission found that an employee who resigned after his pay rise request was rejected and he was offered another job was not forced to resign. The FWC ruled that dissatisfaction with a management decision does not equate to constructive dismissal.

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Employer at fault after forced resignation: FWC

When deciding whether a worker jumped or was pushed, the outcome turned on the words used in a crucial conversation. This was where the employer went wrong.

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When is a resignation not a resignation?

After a worker walked off the job saying he was ‘out’ and ‘done’, the Fair Work Commission (FWC) decided he did not resign but was sacked. Read why the FWC found his ‘heat of the moment’ action did not show an intention to resign.

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Can an Employer Cancel Approved Annual Leave During Resignation?

An employee has given notice, but their pre-approved annual leave overlaps with the notice period. Can the employer cancel the leave or extend the notice period? Find out how this situation should be managed.

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The risks of accepting a 'heated' resignation

Resignations given in the 'heat of the moment' or in stressful situations need to be handled carefully. This case illustrates what can go wrong.

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Was Dismissal Forced? Commission Decides

A worker who felt she was forced to resign lost her unfair dismissal case when the Fair Work Commission found she wasn’t pushed, she jumped. Read why the FWC supported the employer’s position despite its failure to stop abuse.

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Changes to employment contract made without consultation = forced resignation

An employer in the disability services sector forced an employee to resign by making unilateral changes to her contract without consultation.