Posts Tagged ‘resignation’
Your Employee just resigned – Now What? 6 Legal Issues for Employers and HR to consider
While many employees return to the office energized and refreshed for the new year, there is a minority where the new year break has crystalised or increased their dissatisfaction with their current roles. It is not uncommon for frontline Managers to return in the new year and find that they are faced with a request…
Read MoreCan an Employee who resigned bring an action for unfair dismissal? 3 tips Employers need to know about resignations during performance management
While this may come as a surprise to some employers, there are in fact some circumstances where an employee’s resignation may be deemed a dismissal under the Fair Work Act 2009 (Act). In a matter before the Fair Work Commission (FWC), (Christine Sandra Becker -v- Greater Bank Limited [2021] FWC 5063) Greater Bank Limited (Employer) defended an unfair dismissal claim brought by a…
Read MoreWork from Home request for desk denied by Employer is “plainly” reasonable
A decision of McKean v Red Energy Pty Ltd [2020] FWC 5688 involving an employee of electricity and gas provider, Red Energy who was a work from home employee due to COVID-19 gave a very reasonable direction to deny a request for a desk. The Fair Work Commission finding that it was “plainly” reasonable to…
Read MoreWhen is a resignation really a resignation – our top 3 tips for Employers
We have recently been asked by a client if they could treat a resignation by a disgruntled employee as a genuine resignation. The employee had felt stressed by events in his personal life and believed unjustified criticism was being directed towards him. He appeared to have verbally resigned at a performance management meeting and partially…
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