Twenty-three year employment ends following coordinator conflict and investigation
The Fair Work Commission (FWC) recently dealt with a case where a long-term council employee's claim of forced resignation was dismissed after the Commission found he voluntarily resigned despite genuine mental health difficulties stemming from workplace issues.
The case arose when the environmental planner resigned "under protest" in February 2025, claiming constructive dismissal after a deteriorating relationship with his coordinator and subsequent workers' compensation claim for work-related stress.
The worker argued he was forced to resign due to cumulative workplace failures, including inadequate responses to bullying complaints, flawed investigation processes, and procedural unfairness in fitness-for-duty assessments.
The council contested the forced resignation claim, maintaining they had appropriately addressed his concerns through mediation, external investigation, and reasonable workplace adjustments throughout his extended absence.
The Commission found no dismissal occurred, determining that while the worker genuinely suffered mental health impacts, his resignation was voluntary and the council had responded appropriately to his complaints and concerns throughout the lengthy dispute resolution process.
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