Employee argues discrimination and unfair treatment forced contract termination
The Fair Work Commission (FWC) recently examined a general protections claim involving a delivery driver who argued he was forced to resign from his position.
The case arose when the worker provided formal notice terminating his contract, but claimed this resignation was actually a dismissal caused by his employer's conduct and treatment.
The worker argued he had been forced to resign due to various workplace issues, including concerns about wage withholding affecting other employees, disputes over vehicle charging responsibilities, and alleged discrimination based on his English and Mandarin language skills.
He maintained that despite providing written notice, his departure constituted a constructive dismissal under general protections provisions.
The employer contested the worker's claim on multiple grounds, arguing first that the worker was an independent contractor rather than an employee, and therefore could not be "dismissed" under employment law.
Additionally, the employer maintained that the worker had voluntarily terminated the relationship and had not been forced to resign by any conduct on their part.
The employment relationship began when the worker was engaged by a delivery services company to collect and deliver goods to various customers using a delivery vehicle.
The arrangement was governed by written contracts...
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