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Wednesday, May 20, 2026

Fair Work Commission rejects ‘forced resignation’ claim from practice manager - hcamag.com

Case shows why clear role expectations matter when staff say they’re overwhelmed

Nicole Levey-Wilson worked as practice manager and receptionist at Footprints Podiatry from 17 August 2020 until 5 December 2025. She resigned with four weeks' notice on 7 November 2025, then filed a general protections claim. On 10 March 2026, Commissioner McKinnon dismissed the application, finding the resignation was not forced.

Levey-Wilson argued that adverse action by her employer, including unreasonable workload, pressure during sick leave, and retaliation after complaints, left her no real choice. She also alleged coercion and cited a report to SafeWork NSW about psychosocial hazards.

Between 19 August 2025 and 23 October 2025, Levey-Wilson took 90.6 hours of leave, which the employer calculated as 35% of her contracted hours. She was managing her children changing schools, a day medical procedure, and the purchase of a business called Havarni & Me. She offered to buy on 5 November 2025, the same day she obtained a medical certificate for being unfit for work.

When Levey-Wilson told director Rory Chapman in late October 2025 she felt overwhelmed, the business responded. Chapman told her she only needed to come to "the bay" once each month, giving her more time at home to answer phones, catch up on work, and be closer to her children's school. A second director, Piers Graham, checked in and suggested they discuss her hours. The employer had also provided additional leave, rostering...



Read Full Story: https://news.google.com/rss/articles/CBMi1AFBVV95cUxQU1pMZjM2VzUtenBKN0dERXJJ...