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Resignation: An Industrial Relations Perspective
Thousands of Australians retire / quit from their job every week. Employees cite a number of reasons for resigning. For example, some believe they were worked too hard, others aren’t happy with the hours they are given, and some believe that they were forced to resign for some reason.
Employees should understand that a constructed dismissal means you are essentially forced out by the employer in some way; sometimes, employers will make the situation even more difficult for the employee by giving them the option of resigning or being dismissed. Sometimes, the employee genuinely deserves to be terminated, and the offer to resign is a welcome one. However, at other times, the employer wants to get rid of the employee and essentially backs them into a corner; they make it extremely difficult for the employee to stay at the company, and so when the employee gets the offer to either resign or be dismissed, they feel they are in between a rock and a hard place. Do they resign and save some face, or do they stand their ground and be dismissed? If the employee resigns, it is much harder to run a successful unfair or unlawful dismissal claim than if an employee is dismissed.
Industrial relations laws are clear, in order to lodge a constructive dismissal claim, were you forced to resign or not? What constitutes a constructed dismissal or a forced resignation? For example, if you are being sexually harassed in the workplace or, if the employer has taken away your company car so you can’t get to work, or if the employer engages in any other behaviour which makes it next to impossible for you to remain in the workplace, this would constitute a constructed dismissal or forced resignation scenario. Even though you resigned, were you forced out of the business? If the answer is yes, your case may constitute a constructed dismissal.