Employee says workplace harassment left her no choice but to quit with settlement package
The Fair Work Commission (FWC) recently dealt with an employment dispute involving allegations of constructive dismissal, where a worker claimed she was forced to resign due to workplace bullying and harassment. The case arose after the employer initiated performance management procedures and subsequently issued a show cause letter regarding conduct breaches.
The worker argued she had been subjected to bullying and harassment since July 2024, claiming this conduct created an environment where she had no choice but to resign.
She maintained that her departure was not voluntary but rather the result of her employer's behaviour, which included alleged verbal and emotional abuse, exclusion from meetings, and failure to address her grievances.
However, the employer disputed these claims, arguing that the worker had voluntarily resigned during ongoing disciplinary proceedings. The employer pointed to the fact that the resignation was negotiated through union representatives and involved a separation agreement with financial compensation, suggesting the departure was strategic rather than forced.
The employment relationship started in August 2023 when the worker began as a project manager with a Tasmania-based company. By February 2025, the employer initiated performance management procedures.
The worker's psychological state deteriorated...
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