Worker was unhappy in his role, his concerns were ongoing, and he genuinely wished to leave his employment with employer
A regional service integrity manager with over a year of service lodged an application alleging he was dismissed in contravention of general protections provisions after resigning from his employment.
The worker contended he was forced to resign because of his employer's conduct, including being subjected to systematic conduct that fundamentally altered his role, unreasonable workload demands, and a disregard for his concerns.
The employer raised a jurisdictional objection, contending the worker was not dismissed, arguing he voluntarily resigned and was not forced to do so by any employer conduct.
The worker alternatively argued his resignation should be treated as dismissal at the employer's initiative because he was psychologically impaired when he resigned, and the employer blocked pathways to rescind his resignation.
Initial email and conversation trigger
One morning, the worker sent an email to the employer's senior people partner stating he was hoping to find time to discuss an ongoing issue with a manager.
He had been working with his direct supervisor for the past few months to resolve these issues when they occurred as individual instances.
The worker stated that at this stage, he did not require HR intervention but was becoming increasingly concerned that this matter would not be dealt with fairly or justly.
The following morning, prior to any...
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