Executive argues systematic undermining made position untenable despite voluntary letter
The Fair Work Commission (FWC) recently examined a general protections claim involving a chief executive officer who argued she was forced to resign from her position.
The case arose when the worker provided formal resignation notice after five months in the role, but claimed this departure was actually a dismissal caused by sustained workplace issues and governance failures.
The worker argued she had been forced to resign due to repeated undermining of her executive authority, exclusion from financial systems, interference in operational decisions, and failure to address a workplace injury.
She maintained that despite her resignation letter stating the departure was due to "cultural fit" issues, her resignation was actually the result of conduct that made her employment untenable.
The employer maintained that the worker's complaints consisted primarily of isolated grievances and disagreements over operational matters, and that her resignation came as a surprise to the organisation.
The employment relationship began on 5 September 2024 when the worker started as CEO of a professional member-based organisation representing construction industry individuals.
The worker inherited what she described as a dysfunctional staffing structure, systemic governance issues, and unreliable financial systems during her five-month tenure.
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