The gap between genuine distress and legal grounds for constructive dismissal
A social media coordinator resigned after months of workplace tension and career discussions, then learned that feeling forced out isn't the same as being pushed out.
The Fair Work Commission ruled on January 20, 2026 that Jaidyn Bowden's resignation from Cull & Harding Pty Ltd was her own decision, not a forced dismissal. The decision highlights a critical distinction many HR professionals miss: the legal test for constructive dismissal focuses on what the employer did, not how the employee felt about it.
Bowden worked as Social Media Coordinator for ROC Boots Australia from November 2023 until she quit with immediate effect in September 2025. Her resignation letter cited coercion over working hours, a hostile environment, and hostile management practices.
The trouble had been building for months. In April 2024, she managed what she felt was an unreasonable workload during a US work trip. Then came an August 2025 photoshoot at Girraween National Park, where she was left alone for several hours while colleagues hiked to the shoot location.
She raised safety concerns with director Sally Cull and mentioned she wasn't entirely happy in her social media role. Days later, Marketing Manager Grace Laycock confronted her about those safety complaints despite what Bowden understood to be an agreement they'd stay confidential.
That same day, August 21, 2025, Bowden met with Cull and Laycock about...
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