What employers and employees need to know about quitting vs being forced out
12 Apr 2025
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The Fair Work Commission (FWC) recently dealt with a case involving a worker who claimed she was forced to resign due to the conduct of her employer. The worker alleged that interactions with a dentist and the practice manager constituted bullying and harassment that left her with no choice but to resign.
Under section 386(1)(b) of the Fair Work Act 2009 (Cth), a resignation can be considered a dismissal if the worker was forced to resign because of conduct by their employer. The worker argued that her case met this criteria, as she felt she had no option but to resign to protect her mental health.
The case highlights questions about what differentiates voluntary resignations from those that may be deemed forced due to workplace conduct.
The worker had been employed part-time at the dental clinic since June 2024. On 20 November 2024, one dentist at the clinic offered the worker's services to another dentist, who had a more complex workload that day.
The said worker, a dental assistant, objected to working with this second dentist because his practices required her to stand for extended periods, which she believed would worsen her leg pain.
This led to a confrontation between the worker and the second dentist. She claimed he yelled at her and told her that "if [the worker] didn't like it, [she] could find another job." The dentist...
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