ARTICLE · 29 MARCH 2023

Constructive dismissal: HR Manager fails in unfair dismissal application

Coleman Greig Lawyers

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This recent FWC decision gave some clarification on the issue of constructive dismissal.

AustraliaEmployment and HR

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The Fair Work Commission (FWC) has recently handed down a decision that gives some clarification on the issue of constructive dismissal.

Background

A HR Manager, Belinda Williams (Ms Williams), recently contended that her employer, Valley Healthcare Group Pty Ltd (VHG), had unfairly dismissed her. Ms Williams alleged that she was forced to resign as a result of a course of conduct by VHG.

On 14 September 2022, VHG informed Ms Williams in a Teams meeting that her role was being modified. This meant that she would no longer perform the role of HR Manager for South Coast Facility Service (SCFS) and be involved in recruitment activity for the business.

Following this meeting, Ms Williams emailed VHG disputing the change to her role. In this email, she also made a complaint about the managing director's directive to be involved in notifications regarding new hires and to submit formal reports to the managing director every Monday.

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