FWC examines whether resignation was voluntary or employer forced the exit
The Fair Work Commission (FWC) recently dealt with a general protections dispute where a worker claimed she was forced to resign from her position due to her employer's conduct.
The worker maintained that workplace safety concerns, delayed leave approvals, and misconduct allegations created an intolerable work environment that left her no choice but to leave.
The case required the FWC to determine whether the worker's resignation constituted a dismissal under the Fair Work Act 2009.
She argued that her employer's actions, particularly the handling of her leave requests and the raising of misconduct allegations, effectively forced her resignation.
The employer disputed this, maintaining she resigned voluntarily and that all workplace procedures had been properly followed.
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