The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who claimed he was forced to resign after a heated workplace dispute led to him being called a "troublemaker" and a "cancer to the business" by management.
The worker argued that his employer misled him about his post-employment obligations during termination negotiations, which induced him to accept the end of his employment.
He claimed this amounted to a forced resignation, making it dismissal for the purposes of unfair dismissal laws under the Fair Work Act 2009.
However, the employer maintained that the employment ended by mutual agreement after both parties recognised their working relationship had become untenable.
The worker had been employed as a licensed real estate salesman from 15 April 2020 until 7 February 2025.
In January 2025, a dispute arose between the parties about the calculation of commission payments for the period ending in December 2024.
Despite ongoing dialogue back and forth between them, the dispute was not resolved, creating mounting tension in the workplace.
The situation escalated on 3 February 2025 when the worker received a phone call from a company director. The discussion quickly became heated, with the director telling the worker he should resign and calling him a troublemaker and a "cancer to the business".
The worker refused to resign and ended the call by saying "Make me" - words that were overheard...
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