Resignation
Did you know that even if an employee resigns from their employment, they may still be able to make a claim with the Fair Work Commission for unfair dismissal?
This is called "constructive dismissal" which means that the employee was placed in a position where they had no choice but to resign.
Examples where the employee could have a strong case include:
• the employee being called into a meeting and told they either resign or they will be terminated, without a valid reason for the termination.
• the employee is not paid for all of their hours of work, or at all.
• the employee has reported a bullying or harassment issue which has not been resolved, or has been ignored.
• the employee is required to perform duties that are unlawful or unsafe and are threatened with their job if they fail to comply with the instruction.
In order to be eligible to make this claim, the employee needs to have completed their "qualifying period", which under the Fair Work Act, is their first six months' of employment.
You can find further information about constructive dismissal by reading the Unfair Dismissal Benchbook on the Fair Work Commission website.
Or if you face this or a similar claim, you can seek the support of an industrial advocate.... we are here to help.
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