Employer's profanity during a performance meeting leaves worker 'no effective choice'
07 May 2025
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The Fair Work Commission (FWC) recently dealt with a jurisdictional objection in a general protections dismissal dispute. The case involved a worker who claimed he was forced to resign due to his employer's conduct, while the employer argued the resignation was voluntary.
The worker's claims included allegations of aggressive language, intimidation during a performance meeting, and concerns about how his religious practices were accommodated in the workplace. He also raised issues about unethical business practices and inappropriate performance management.
The employer objected to the FWC hearing the case, arguing that since the worker had submitted a resignation letter, he had left voluntarily and therefore the Commission lacked jurisdiction.
This created the question: was this a genuine voluntary resignation or a "forced" resignation that qualifies as a dismissal under the Fair Work Act?
The worker began employment as an electrician with a small electrical maintenance business in September 2024. The employer's business provided electrical maintenance and repairs to housing projects with approximately four employees.
In late November 2024, the worker tendered his resignation and subsequently filed a general protections application under section 365 of the Fair Work Act 2009. The central issue was whether the worker was...
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