Resign First or Lodge Fair Work Claim?

Resigning First and Pursuing a Claim

Resigning first might limit your options. However, in some cases, a forced resignation (constructive dismissal) could be grounds for a claim. Under the Fair Work Act 2009, an employer's conduct can create an intolerable work environment, forcing an employee to resign.

Important: Proving constructive dismissal is complex and requires strong evidence of the employer's actions making the workplace untenable.

Seeking Legal Advice Given the complexities of workplace law, it's strongly recommended to consult with a lawyer specializing in employment law. They can assess your specific situation, advise on the best course of action, and assist in building a strong case.

Lodging a Fair Work Claim Before Resigning

Generally, it's advisable to lodge a claim with Fair Work before resigning. This preserves your employment rights and allows Fair Work to investigate the matter while you're still employed. Under the Fair Work Act 2009, employees have the right to take action for breaches of workplace laws, including unfair dismissal, underpayment, and discrimination.