Posts: resignation

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resignation

Employer did not force an employee to resign by enforcing its hybrid working arrangement

A direction you can’t resist

There is no doubt that the COVID-19 lockdowns have changed the way in which most businesses work. While working remotely has provided employers and employees with flexibility, many employers have now started directing employees to return to the workplace either full-time or under hybrid working arrangements.

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Finishing up employee in notice period amounted to termination

Until it’s time for you to go

Employers often do not require (or desire) employees to work through their notice period. This is particularly the case if an employee has provided resignation of their employment and are disruptive to the workplace.

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Heat of the moment resignation and constructive dismissal

Go your own way

For an employee to bring a valid unfair dismissal claim or a general protections claim involving dismissal, it should be obvious that they must have been dismissed by their employer.

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FWC finds employee resignation was not a constructive dismissal

The force is not strong with this one

When conducting a disciplinary process, it is crucial to ensure that a final decision on disciplinary action is not made until the employee is given a proper opportunity to respond to any allegations made against them.

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Employer’s disciplinary process didn’t force resignation

I'll go first

The commencement of a disciplinary process against an employee is not an insignificant matter. It serves to notify an employee that their employer has serious concerns about their employment; whether that is the standard of the employee’s performance, their conduct or their behaviour.

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