Manager claims unsafe work environment over misconduct investigation
A clinical care manager with over two years of service lodged an application alleging she was dismissed in contravention of general protections provisions after resigning from her employment.
The worker contended that the allegations against her were unsubstantiated and were intended to force her resignation, and that the employer established an unsafe work environment, which left her unable to safely continue her employment.
The employer objected to the application on the basis that it did not dismiss the worker, arguing she voluntarily resigned while an investigation into allegations of misconduct was ongoing.
The worker submitted she had no choice for the sake of her registration, career and family but to hand in a forced resignation to preserve her psychological well-being and safety.
On 13 May 2025, the employer provided the worker with a letter of allegations, relating to an investigation concerning the payment of non-approved overtime.
In connection with this issue, the worker was directed to attend a meeting with the employer on 15 May 2025 and provide a response to the allegations.
The worker provided detailed responses to the allegations, including in writing, on 15 May and 20 May 2025, which the employer was considering.
On 28 May 2025, while the investigation was ongoing, the worker tendered her resignation in writing. The resignation letter stated she was...
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