FWC offers guidance on handling workplace access and disputes
24 Apr 2025
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The Fair Work Commission (FWC) recently dealt with a case involving a worker who claimed she was constructively dismissed after raising concerns about underpayment of wages and training time.
The worker argued that after bringing these issues to her employer's attention, she returned from annual leave to find herself locked out of company systems. According to her, this was the culmination of a pattern of conduct that created a hostile work environment, leaving her with no choice but to resign.
The case raised important questions about when a resignation might be considered a dismissal under the Fair Work Act, particularly when a worker alleges their employer's actions forced them to quit.
The worker began a bookkeeping traineeship in April 2022, working two days weekly while completing a Certificate IV qualification. Her training contract specified 16 hours of employment/training per week over 24 months.
By mid-2024, after researching on the Fair Work Ombudsman (FWO) website, she believed she was being underpaid. She contacted her employer about missed overtime payments and questioned whether she should be paid for training time.
The employer sought HR advice and attempted to formalise the arrangement through an employment contract. However, this remained unsigned as the worker had concerns about its terms, particularly regarding her pay rate and a clause...
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