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ARTICLE · 30 AUGUST 2018

Employee resignation not forced

Holding Redlich
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The unfair dismissal claim was dismissed because that the termination of employment was not at the employer's initiative.

AustraliaEmployment and HR
Charles Power
Charles Power
Lauren Drummond
Lauren Drummond
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The Fair Work Commission (FWC) cannot entertain an unfair dismissal claim unless the termination of employment was at the employer's initiative. In a recent decision, Davidson v Qube Logistics Vic Pty Ltd T/A Qube Holdings [2018] FWC 4481, the claimant was unsuccessful in asserting that the cessation of his employment was a dismissal attracting the Fair Work Act 2009 (Cth) unfair dismissal jurisdiction. The claimant alleged he was forced to resign due to the conduct engaged in by his employer by initiating an investigation into his misconduct.

Background

The claimant was a truck driver with six years of service. During a conversation with the transport operations manager, it is alleged the employee made a number of offensive comments. The transport operations manager made a complaint about the employee, alleging that the employee had said the ratio of Indian staff in the workplace was "distorted" and that there was "potential nepotism" in relation to employees of

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