When does employer conduct actually force a resignation? FWC weighs in
A rigger who resigned after a strike, a racism complaint, and a warning letter was not constructively dismissed, the Fair Work Commission found.
In Beyene v C&H Acquisition Pty Ltd, decided on 16 March 2026, Deputy President Dobson ruled the employer's conduct did not force the employee to resign, upholding the jurisdictional objection and dismissing the application.
Johnnu Beyene, a rigger of Ethiopian descent, started at C&H Acquisition in June 2021 at age 21. From May 2025, he joined protected industrial action with other CFMEU members, including a work stoppage on 6 and 7 May 2025 and an indefinite strike from 28 May to 24 July 2025.
On 23 May 2025, Beyene complained of racial discrimination and workplace bullying after a toolbox meeting about acceptable behaviour that he considered hypocritical given conduct he said he had experienced. The employer acknowledged the complaint and opened an investigation.
When Beyene returned on 28 July 2025 after 61 days away, the employer directed him and nine other striking workers to complete training in acceptable workplace behaviour, manual handling, site induction, and a "Take 5" safety module at a separate yard. Beyene initially refused, though at the hearing he could not recall whether he objected to all modules or only the workplace behaviour component. He completed training on 5 August 2025.
On 8 August 2025, the employer told him his complaint was...
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