JH Briefs

Is resigning because you are unhappy with management actions or decisions grounds for constructive dismissal?

In the recent decision of Tomkins v Sandalford Wines Pty Ltd (2022) FWC 3176, Commissioner Williams confirmed that being unhappy in employment in the lead-up to a resignation does not give rise to constructive dismissal. The Commissioner cited the following passage from an earlier decision by Commissioner Bissett stating:

“It is not expected that employees will always be happy in their employment. Dissatisfied employees resign from their employment on a regular basis. That they were not satisfied with management’s actions or decisions does not mean that there was a constructive dismissal or that the actions of the employer, viewed objectively, left the employee with no choice but to resign.”

Constructive dismissal remains a very high threshold only available for specific circumstances. Unfortunately, being unhappy in your employment with the actions or decisions of management or your colleagues will typically not give rise to a viable constructive dismissal argument.