Case manager's forced resignation claim fails jurisdictional test in FWC proceedings
The Fair Work Commission (FWC) recently dealt with a general protections application from a case manager who claimed he was forced to resign due to employer conduct, finding that no dismissal occurred within the legal definition.
The case arose when the workers' compensation claims management company employee resigned after returning from extended mental health leave, arguing that management actions made his position untenable and constituted constructive dismissal.
The worker argued he was forced to resign due to the employer's unreasonable refusal to allow his return to work, inappropriate communications, engagement in without prejudice exit discussions, and payment disputes.
The employer contested the forced resignation claim, arguing the worker voluntarily resigned due to personal financial pressures rather than any workplace conduct.
The employment relationship involved a case manager who became unfit for work in December 2023 due to adjustment disorder with anxiety symptoms, submitting a workers' compensation claim that was ultimately declined in October 2024.
Return-to-work discussions commenced in February 2025 when the worker's doctor provided medical clearance, though the certificate specifically mentioned wearing sunglasses at work, raising questions about whether it addressed mental health or eye conditions.
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