Posts: forced resignation

A resignation that is “forced” due to the employer’s conduct may be considered a “dismissal” within the meaning of the Fair Work Act 2009 (Cth), thereby granting the employee access to the unfair dismissal or general protections jurisdictions.

It is not unusual for employers to want to have a frank discussion with an employee when the relationship is not working out, seeking to agree to an exit strategy. This is often referred to as a “fire side chat”. However, these discussions must be carefully considered and planned because if the employee is not receptive, the employee can claim that the discussion created a situation forcing them to resign.

One of the key elements of a procedurally fair disciplinary process is for the employee in question to be notified of the seriousness of the process (including the potential disciplinary penalties) and to be provided with an opportunity to respond to any allegations before a decision as to disciplinary action has been made.

One of the logistical challenges often faced by employers is the management of rosters and employee working hours. There are a number of factors to take into consideration when it comes to this.