Worker argues employer forced resignation through misconduct probe process
21 Jun 2025
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The Fair Work Commission (FWC) recently dealt with a case involving an employee who resigned while under investigation for serious misconduct, then later claimed she had been constructively dismissed by her employer's conduct.
The worker argued that her employer's investigation process had forced her to resign, claiming the company's conduct left her with no real choice but to quit.
She contended that despite formally resigning, she had actually been dismissed within the meaning of employment law and sought compensation for unfair dismissal.
The worker had been employed by the major bank for over 17 years, starting in August 2017.
She worked in various roles throughout her employment and from August 2020 until her employment ended, she worked at a Newcastle branch as a personal banking adviser.
Her situation became complicated in early 2025 when serious allegations emerged about her conduct.
In February 2025, the regional general manager was notified by the bank's investigation team that an investigation was being conducted into the worker's conduct.
The allegations included submitting loan applications and conducting identity verification procedures without customers being present, transferring funds from customer accounts for personal benefit, using her personal email to handle customer documents, and submitting loan...
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