The Fair Work Commission (FWC) recently dealt with a general protections case involving a service technician who claimed he was forced to resign from his position due to his employer's unreasonable conduct over several months.
The worker argued that repeated overtime demands despite his disclosed disabilities, inadequate responses to safety complaints, and inappropriate workplace activities created an untenable environment forcing his resignation.
The employer contended the worker voluntarily resigned, citing his resignation email and discussions about alternative employment.
The case examined whether the departure constituted voluntary resignation or forced dismissal under general protections legislation.
The worker had been employed as a service technician with a multinational equipment company since August 2023.
He had disclosed medical conditions including sleep apnoea and post-traumatic stress disorder during his pre-employment medical examination. The worker lived in Australia with his wife and two daughters, one with a disability requiring ongoing support.
Before accepting the position, the worker explicitly told the national service manager he wanted minimal overtime to balance work and life commitments. The manager agreed to this condition, though his written contract contained standard overtime requirements.
From January 2024, his direct supervisor began regularly requesting overtime, which the worker would...
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