Constructive dismissal; what is required

Many employees believe that they may claim unfair dismissal when they resign in protest to management actions. That may well be wrong.

“It is not expected that employees will always be happy in their employment. Dissatisfied employees resign from their employment on a regular basis. That they were not satisfied with management’s actions or decisions does not mean that there was a constructive dismissal or that the actions of the employer, viewed objectively, left the employee with no choice but to resign.”  Neil Ashton v Consumer Action Law Centre [2010] FWA 9356 per Bissett C.

 

And see Harrison v The Trustee for The Trimatic Management Services Unit Trust T/A TSA Group  [2020] FWC 2486 delivered 2 June 2020 per Williams C