Posts: Warning

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Warning

Commission rejects constructive dismissal claim after finding performance review process did not force employee to resign

Full force denied

For an employee to access the unfair dismissal jurisdiction, they must be “dismissed” from their employment by the employer. In some instances, a resignation can be a “dismissal”, when an employee is forced to resign due to the employer’s conduct. This is referred to as a “constructive dismissal”.

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Commission finds on-the-job feedback sufficient in warning employee about poor performance

Hit the brakes

In the unfair dismissal jurisdiction, the Fair Work Commission (FWC) is required to consider a number of factors under the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’.

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Employer ordered to withdraw unreasonable safety warning

Take It Back

A recent decision of the Fair Work Commission (FWC) has reminded employers of the importance of taking a measured and consistent approach to enforcing workplace policies and procedures.

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