The Federal Circuit Court has criticised an HR manager's decision to sack an employee rather than deal with the "dilemma" of her bullying allegations, and fined him $7.6k.
An employee may have been "justifiably irate" by managers' alleged bullying behaviour towards her, but their actions were "not so significant" that they forced her to resign, the Fair Work Commission has ruled.
An employee who threatened to make a general protections claim if her employer didn't agree to her separation terms was not forced to resign, the Fair Work Commission has ruled.
An employee who had asked to reduce her hours while she attempted to manage some personal issues was not dismissed when she was subsequently left off the employer's roster, the Fair Work Commission has found.
Reducing an HR manager's responsibilities after she complained about her excessive workload did not amount to a constructive dismissal, the Fair Work Commission has ruled.
An employer has failed to prove a long-serving employee "decided to jump before she was pushed", when she verbally resigned after it made serious allegations against her.
A senior employee had no choice but to resign after an employer said her performance was "just not working for the business", just weeks after she requested leave to have surgery, the Fair Work Commission has found.
An employee has failed to convince the Fair Work Commission that her employer changed an internal review process after she complained about her superior, so that she would be forced to resign.
An HR manager on probation has failed to prove she was constructively dismissed after her employer rejected her request for leave to give birth and deal with the "substantial challenges" that would follow.
An HR business partner has defended claims she failed to support an overwhelmed manager, with the Fair Work Commission finding she often acted as a "sounding-board" and tried to help improve her performance.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.