My employer forced me to resign

BACKGROUND

The Fair Work Commission ('FWC') states that a forced resignation happens when you have no 'real choice' but to resign. That is, your resignation was likely not a 'clear and unmistakable resignation', therefore raising questions regarding whether your resignation was, in fact, voluntary. In any subsequent claim or proceedings, you must prove that you did, in fact, not resign voluntarily and / or prove that your employer forced you to resign. Whether your employer gave you no choice but to resign is a tight threshold, however it is a threshold that must be closely drawn and rigorously observed. Ultimately, success in your potential claim may come down to one small point, submission, email, or conversation. That said, our employment lawyer team here at Ramsden Lawyers encourage all employees to keep a personal diary, particularly if you are suspicious of unfair activity relating to your employment or potentially being forced to resign.