Worker says months of mistreatment forced resignation, but employer disagrees
The Fair Work Commission (FWC) recently dealt with a case involving a casual farm worker who claimed she was forced to resign from her position, raising questions about when workplace conduct crosses the line from difficult working conditions to constructive dismissal.
The worker argued that her employer's treatment had become so unreasonable that she had no choice but to resign, claiming this amounted to a dismissal under general protections laws. She maintained that ongoing workplace issues and the employer's handling of various complaints had created an untenable situation that forced her hand.
The employer defended against the claim, arguing that the worker had voluntarily resigned and was not dismissed. The company maintained that while there had been workplace difficulties, their conduct did not amount to forcing the worker to quit, and that she had made a deliberate choice to end the employment relationship.
The worker had been employed as a casual farm hand by a food and fibre company from February 2024 until March 2025. On 21 March 2025, the employer advised her that she would no longer be required for work either at the end of the following week or early in the week after that.
When the worker sought clarification about the exact date of her dismissal, the employer responded that "at this stage work will finish Friday 28 March 2025."
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