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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.
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.
How much notice is required to resign?
When an employee resigns with little warning, what notice are they actually required to give, and what can an employer do if they don’t? The answer depends on more than just the Fair Work Act.
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.
Was she sacked or did she resign in the ‘heat of the moment’?
The Fair Work Commission has rejected a worker’s claim that she was dismissed, after she resigned then tried to withdraw her resignation.
Court solves 'retirement age' puzzle
What does it mean to ‘attain the age at which a person may retire’? And where does this fit in with ‘preservation age’ and eligibility for the aged pension? The Federal Court has just answered these questions.
Time off in lieu of overtime: what happens if employee resigns?
When an employee resigns, unused time off in lieu of overtime may need to be paid out. Learn how award rules apply during notice periods and what employers must do.
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.
Fair Work fries employer’s decision to dismiss chef before his notice period ran out
The Fair Work Commission ordered a hotel to compensate a chef it unfairly dismissed during his notice period, citing insufficient evidence for alleged misconduct. Employers are reminded to either honor notice periods or provide full pay in lieu.
Employer’s Abusive Conduct Deemed Dismissal by Fair Work Commission
A heated confrontation, covert recording, and psychological injury claim led the Fair Work Commission to rule that an electrician’s resignation was not voluntary, but a dismissal under the Fair Work Act.