IR Alert, Issue 02, 04 February 2022 - Constructive dismissal, forced resignation, and what happens when an employee is left with no other choice

An employee does not always need to be actively dismissed by an employer for the Fair Work Commission (FWC) to find that the employee was dismissed for their purposes. Generally referred to as either ‘constructive dismissal’ or a ‘forced resignation’, the FWC sometimes find that an employee had no real choice but to resign. The following addresses what is, and is not, a forced resignation.