Forced Resignation in the Skirt Memo Case

An employee who resigned after being humiliated over her appearance has lost claim, after the Fair Work Commission found she had not been “forced” to resign under the Fair Work Act.

The dispute arose after the employer responded to a complaint from a business client about a so-called “short skirt club” in the workplace. In the weeks that followed, a new dress code was circulated and enforced. The employee was pulled aside, told her company-issued skirt was too short, and instructed to try on a larger size or have it tailored to meet the new standards.

A few days later, she was shocked to receive a workplace memo summarising the conversation — not just sent to her, but also copied to multiple managers. The memo included remarks about her “body proportions” and noted she had struggled to find a properly fitting skirt. No other staff received such a memo. When she asked for clarity about whether other women had been treated the same way, she was reprimanded and told her questions were inappropriate.

She reported feeling humiliated, excluded and unfairly targeted. After experiencing a breakdown and being certified unfit for work by her doctor, she returned briefly before resigning. In her exit form, she alleged sexual harassment, discrimination, and bullying — and noted the employer had failed to deliver the apology promised to her.

The Fair Work Commission acknowledged the employer’s handling of the situation was poor. The decision to refer to the employee’s body shape in writing, and to copy in her managers, was described as “not acceptable”. The Commission agreed she was entitled to an apology and that her concerns were not handled sensitively.

But ultimately, the Commission found that while the experience was unpleasant, it did not meet the legal threshold for a “forced resignation”. To succeed under the Fair Work Act, an employee must prove they had no real choice but to resign due to the employer’s conduct. In this case, the employee had previously agreed to move on and buy new clothing. Her later decision to resign, while understandable, was not legally attributable to any final act by the employer.

Feeling unsupported, disrespected, or let down, even for valid reasons, won’t always be enough to succeed in a forced resignation claim.