Employment consultant says stress from workplace incidents left her no choice but to quit
17 Jun 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal application where a worker claimed she was forced to resign due to her employer's unreasonable conduct.
The worker argued that a series of incidents in December 2024 created such an intolerable work environment that resignation became her only option.
The case centred on whether the worker had genuinely resigned or was constructively dismissed under the Fair Work Act 2009.
The worker pointed to three main areas of employer misconduct: mishandling of disciplinary proceedings involving other employees, receiving unreasonable instructions that put her wellbeing at risk, and being locked out of her workplace systems prior to her termination date.
Her resignation came after she was instructed to handle the face-to-face exit of her direct manager who had just been terminated for misconduct.
The worker claimed this instruction was well outside her responsibilities and caused her severe stress, including heart palpitations and anxiety that required medical treatment.
The employment consultant had worked for the training and employment services company from their regional office since June 2022.
She resigned on 9 December 2024, giving four weeks' notice and immediately submitting a medical certificate covering her entire notice period due to workplace stress.
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