Principled resignation or voluntary exit? FWC draws the line
10 May 2025
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The Fair Work Commission (FWC) recently dealt with a case involving a senior investment advisor who resigned from his position and later claimed he was constructively dismissed.
The worker alleged that he was forced to resign due to what he believed were unethical directives from his employer regarding how to market financial products to clients.
The worker argued that these directives would have required him to mislead clients about investment returns on certain financial products. He claimed that raising concerns about these practices led to a hostile workplace environment that ultimately left him with no choice but to resign from his position.
The case hinged on whether the worker truly had "no effective or real choice but to resign" as defined in employment law, or whether he resigned voluntarily.
The worker started employment as a senior investment advisor at an Australian bond exchange company in June 2024 after previously working as a contractor.
The company was described in the decision as "a marketplace for investing in fixed-income securities" that provides financial institutions, funds, and individuals with access to bonds and other securities.
The dispute centred on how Tier 2 bank bonds should be marketed to customers. The worker believed he was being directed to emphasise Yield to Maturity (YTM) rather than Yield to Call (YTC) when...
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