Forced Into a Resignation? You Might Have Been Dismissed

Not every resignation is voluntary. Some workers are pressured into stepping down by hostile management, unbearable working conditions, or threats about what will happen if they don’t “choose” to leave. If this happened to you, the Fair Work Commission might treat it as a dismissal—and it could be an unfair one.

You might have received an ultimatum. Resign now, or face the consequences. Maybe you were told that things would be easier for you if you left “quietly.” Or perhaps you were ignored, isolated, or micromanaged until your mental health started to deteriorate. If your resignation was a direct result of your employer’s conduct, it could legally be considered a constructive dismissal.

That means your departure wasn’t a genuine decision. It was the final step in a pattern of unreasonable treatment.

The Law Recognises Pressure Tactics

The Fair Work Commission will assess whether you had any real option but to resign. If the answer is no—if the employer's actions pushed you out—the law may consider you dismissed at the employer’s initiative.

Examples of conduct that may lead to this finding include:

• Threatening to fire you unless you resign

• Demoting you significantly without cause

• Repeatedly refusing to address bullying or harassment

• Making your work environment intolerable

• Isolating you from meetings or duties without explanation

If your resignation came on the heels of one of these situations, it’s worth questioning whether it was truly your choice.

Don’t Assume You Have No Claim

Some employers try to avoid the scrutiny of a dismissal by steering workers into resignation. They might think it limits their legal risk. But the Fair Work Commission is not bound by labels. It will look at the facts—who instigated the end of the employment, and why. If the evidence shows you were pressured, sidelined, or misled into resigning, then you have every right to challenge what happened.

A surprising number of employees believe that if they resigned—even under pressure—they are barred from applying for unfair dismissal. That is not true. If your resignation was not truly voluntary, the Commission can treat it as a dismissal and consider whether it was harsh, unjust, or unreasonable.

You don’t need to accept the employer’s version of events. If you were given no meaningful choice, the law may be on your side.