Termination Of Employment: Key Lessons From Recent Fair Work Commission Decisions

Recent decisions of the Fair Work Commission (Commission) offer timely and practical guidance for employers navigating one of the most sensitive aspects of the employment relationship — termination.

Ultimately, each case turns on its own facts. However, several important lessons emerge. Employers should be mindful that:

1. employees may be deemed to have been constructively dismissed where they resign in response to an unsafe working environment — for example, where an employer fails to adequately address substantiated sexual harassment;
2. medical evidence can be critical in determining whether an employee had the capacity to resign; and
3. they must have a valid reason for dismissal but also ensure the process is procedurally fair.