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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 Learn why once a resignation is withdrawn, it can't be revived without mutual agreement, and how employers can protect themselves in similar situations.
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.
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.
Miscommunication or Dismissal? Clarifying Employee Resignation
An employer assumed a worker had resigned, but that assumption set off a dispute that reached the Fair Work Commission. The case shows how risky it can be to rely on assumptions instead of clear communication.
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.
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.
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.
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.
Resignation forced by inadequate investigation of harassment complaint
When a harassment complaint is mishandled, the consequences can be significant. A recent Fair Work Commission decision highlights important lessons for employers about investigation standards, employee support, and procedural fairness.