Forced to Resign? Constructive Dismissal?

If you have been forced out of your job, you are entitled to lodge a unfair dismissal claim.

Being forced to resign is not properly understood.

The way we put it, is this. Every week thousands of Employees resign, they are not paid enough, didn't get the promotion they wanted, the boss has given them extra duties, told them off for being late to work when it wasn't their fault, the boss is a bully.

The list is endless. Most of these Employees think they are forced into leaving and changing their job. But the reality is they have choice, they can stay and put up with the conditions or they can leave, there is choice, it is up to the employee to decide, do they stay or do they go.

This not the test of a Constructive dismissal. The test is, there is no choice. The Employer has embarked on a course of action to make you leave, or the conditions in the work place are that impossible that no reasonable person could stay. The industrial relations and Fair Work Australia decisions imply an almost physical ejection from the workplace.

Examples are:
Resign now are we will fire you, Resign now or you won't like what's going to happen next, sexual harassment, big cuts in pay and conditions, unreasonable relocation, physical violence or threats, changed from day to night shift knowing you cannot do it, having your pay structure altered to commission based, having the company car taken off you, constant discrimintory comments or actions, the list is endless.

I will repeat the test, on the day you resign, or when you walked out that door, did you have choice??.

Call us to day to discuss your circumstances, try not resigning until you get competent advice.

Not all industrial relations or workplace situations are straight forward.

Workplace bullying is quite difficult. alot of bullying and harassment is subtle or covert. False, malicious or unsupported accusations, unreasonable or excessive discipline, victimisation, indirect discrimination. When does bullying cross the line to meet the test of forcing someone out of their employment?

You know your boss or a work colleague wants you out, but proving it can be difficult. It is important to keep good records of events at home, and having lodged complaints in writing with your employer. You may think sometimes it is a waste of time, but it is important you have a history of trying to stop the bullying. This is important when the matter proceeds to the Industrial Relations Commission, Equal Opportunity Commission or to Fair Work Australia, FWA.

Please be aware of the following timelines:

14 days to lodge a unfair dismissal claim

60 days to lodge a unlawful dismissal claim

One year to lodge a discrimination complaint.

These timlines are strictly enforced, if you have a legimate reason for being outside these timelines you may still be able to lodge a claim, call us to discuss.

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