What would you do if your employer made your work life unbearable, but didn’t outright fire you? Is it unfair dismissal when you’re pushed to resign? These are pressing questions in Australia’s workforce, where the line between voluntary resignation and constructive dismissal—also known as forced resignation—can often blur.
When employers create conditions so intolerable that employees feel they have no choice but to leave, it can be a violation of rights. So, what can you do about it, and how can you protect yourself?
Let’s explore the warning signs of being forced to resign, what steps to take if you feel cornered, your rights under Fair Work Australia, and when it’s time to seek legal help.
Recognising the Signs of Being Forced to Resign
It can start subtly. Changes to your job, a new level of isolation, or impossible performance goals. Many people endure these hardships without realising they’re being pushed out. Here are some common tactics used by employers to pressure employees into resigning:
- Significant Changes to Job Conditions: Your role may suddenly shift—duties change, your hours are cut, or you’re relocated without your consent. These changes may make it impossible for you to stay in the job you were hired for.
- Bullying and Harassment: Whether from a manager or colleagues, persistent mistreatment can create a toxic work environment, leaving you feeling like quitting is your only option.
- Unreasonable Performance Demands: Are you being held to impossible standards or unfairly criticised? Employers sometimes set unattainable goals to pressure workers into leaving.
- Exclusion and Isolation: If you’re consistently left out of meetings or decision-making, it can make you feel undervalued and unwelcome.
- Direct Threats: In some cases, employers may not even be subtle, suggesting resignation as the “better” option to outright dismissal.
What to Do if You Feel Forced to Resign
If you sense you’re being nudged toward the exit, it’s important not to act impulsively. Here’s what you can do to protect yourself:
- Document Everything: Keep detailed notes of any incidents that suggest you’re being pushed out. Record dates, conversations, and the context—this evidence can be crucial if you decide to take legal action.
- Use Internal Grievance Procedures: Most organisations have formal processes for handling workplace disputes. Filing a complaint could bring the issue to light and help resolve it.
- Seek Support: If you’re part of a union, reach out for advice. They can offer guidance, support, and may even intervene on your behalf.
- Consider a Stop Bullying Order: If bullying is part of the issue, the Fair Work Commission allows employees to apply for a stop bullying order.
- Don’t Resign in Haste: It’s tempting to walk away from a hostile environment, but resist the urge to resign on the spot. Take time to explore your options and seek advice.
Your Rights Under Fair Work Australia
Australia’s Fair Work Act 2009 offers employees strong protections against unfair dismissal, including constructive dismissal. Here’s what you need to know:
- What Counts as Dismissal: The Fair Work Act considers you dismissed if you’ve resigned but only because your employer’s actions left you no real choice.
- Filing an Unfair Dismissal Claim: If you believe you were forced to resign, you have 21 days to file an unfair dismissal claim with the Fair Work Commission.
- Eligibility: To be eligible, you must have worked for a national system employer, met the minimum employment period, and earned under the high-income threshold.
Cases of Constructive Dismissal in Australia
Recent cases highlight the various ways constructive dismissal can play out. Take Ahmed, for example. As a car sales manager, Ahmed uncovered his employer’s illegal activities and felt compelled to resign.
His successful constructive dismissal case set a precedent for employees forced to leave due to unlawful conduct. Other cases often revolve around workplace bullying, where employees left after their complaints were ignored.
When to Seek Legal Help
If you’re feeling forced to resign—or have already done so—legal advice is crucial:
- Before Resigning: Consulting with an employment lawyer can help you evaluate your situation and determine if you have a case for constructive dismissal.
- If Facing Retaliation: Legal advice is essential for navigating the process of filing an unfair dismissal claim or seeking compensation.
- Complex Cases: If your case involves significant legal issues or financial loss, professional representation is key.
Handling Pressure to Resign
Forced resignation is a serious issue, and recognizing the signs is the first step in addressing it. Knowing your rights under Fair Work Australia and seeking legal advice when necessary, can help you navigate the complexities of constructive dismissal.
With the right steps, you can protect yourself and seek justice when your employer leaves you no other option but to resign. Don’t let yourself be pushed out—know your rights, stand your ground, and seek help when needed.
Need an Unfair Dismissal Lawyer?
If you believe you’ve been treated unfairly in the workplace by being forced to resign, don’t wait—stand up for your rights. Contact AKS Law today for expert guidance on navigating employment law and unfair dismissal. Our experienced unfair dismissal lawyers are here to help you take the next steps with confidence. Reach out for a confidential consultation!
If you need our help, contact AKS Law today for expert guidance and professional legal representation. To get in touch, please call or email:
Tel: 07 3180 0144
Email: admin@akslaw.com.au
