Case shows employer accommodated postponement requests for disciplinary meeting multiple times
The Fair Work Commission (FWC) recently dealt with a general protections application from a worker who alleged he was forced to resign from his employment.
The employer objected on the ground that the worker was not dismissed but voluntarily resigned. Where there is a dispute about whether a person was dismissed, the Commission is obliged to determine that point before exercising its powers.
The case required the FWC to examine whether the worker was forced to resign because of employer conduct, whether the resignation was voluntary, and whether the Commission had jurisdiction.
The worker gave evidence that his role significantly evolved beyond the original scope and that he gradually assumed responsibilities far beyond those initially outlined.
While the worker's employment contract provided for a 38-hour week with scope for reasonable overtime, the worker said that early on, he was working overtime and regularly on weekends.
The worker stated that he had repeated verbal conversations where he was told that senior managers frequently work long weeks and that he needed to manage his time better. However, the worker did not resign at this time.
In the months preceding his resignation in June 2025, the worker said he experienced chronic stress and regular migraines.
He said that his doctor formally certified that these issues were directly...
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