How a simple mediation agreement turned into an unfair dismissal claim
The Fair Work Commission (FWC) recently dealt with a case concerning alleged forced resignation, workers' compensation, and return-to-work obligations. The matter involved a public affairs manager who claimed she was forced to resign following a prolonged absence on workers' compensation.
The worker argued that her employer's conduct, particularly regarding a mediation agreement and later requirements, left her with no real choice but to resign.
She maintained that the employer failed to provide a promised return-to-work plan and later added new conditions to a financial settlement that wasn't part of their original agreement.
At issue was whether the worker's resignation could be legally considered a dismissal under the Fair Work Act.
The worker began as a public affairs manager at the Institute of Internal Auditors-Australia (IIA) in June 2022, initially working three days a week before increasing to full-time by January 2024. Problems arose when a new CEO joined the IIA in November 2023.
The worker "immediately perceived that [the CEO] was seeking to reduce her hours of work and change her duties." This tension escalated at a meeting on 31 January 2024, where the CEO informed the worker about changes to her role.
During this meeting, the worker expressed concern that her "work output would be severely diminished" and suggested such changes might...
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