Forced to Resign?

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4 June 2014
I worked at [retailer] for 7 years 6 months. I was the top sales person there. We had a lady that use to work in a different area I like to go out off work, but very much a bully at work. Anyway she left and I also said the above to my boss.

He has been on holidays together and are friends outside the business. It is not a sexual friendship. But very good friends anyway she would go to his home when she had been to interview s he partner said she was wearing leggings and a t-shirt she is going to find it hard to get a job. Next thing I know we have a meeting every Saturday and he started telling us he has a new role in the business and M will be doing the role.

None off the staff were happy, I thought about it until the Tuesday and spoke to J, telling him how the staff felt and myself. He told me he was the boss and it is his choose how he employee I said of course it is but I will not b working there, then let's discuss it I told him there is nothing to discuss and I wished him good luck in his business. I texted him on the Friday to say I would like my pay and long services leave in my account the following Thursday. I the got a text saying I still have a job and would like to talk to me.

I went in on the Saturday, he was very cold and said I don't no what happened on Tuesday you just walked out. Which I did but didn't I told him I had no choice. He the told me I need to see a doctor because there is something wrong with me and have I been taking my depression tablets. I am also told that I wasn't as good as I use to b. I had been rang by 3 different company's offering me a job. Anyway I was so down and hurt bad questioning my self. I told him I am sorry and was going to take two weeks off.

On the Sunday I got a text to ask me to fill in a annual leave form. I thought about it all night and I believe he no my soft side. I went in and he was all happy I was there to fill out my form I then told him I am resigning. He was shocked as I wrote my resign letter. So I hope you go to the doctor and try and get yourself help. I then told him I was none off his business any more. I then as i was leaving told him I have loved working here, I love him as will and wished the business good luck. No a word from him. I left but I miss working there and my ex boss J is not a doctor I feel he used my depression to work for him and not care really about me. Do I have a case?

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
Ballarat, Victoria
Janelle, depending on further possible facts, it is possible that you have a claim for unfair dismissal (based on a concept called constructive dismissal, which is where you resigned but that you had no choice but to do so due to the employer's conduct leaving you with no choice).

Also you may have what is called an adverse action claim, based as it is on action taken against you for a prohibited reason, the reason possibly applicable here being illness.

I would consult with an employment lawyer.

Or there may be something relevant on the website if the Fair Work Commission,

Keep in mind 21 day time limits apply to both types of claim.

Good luck.