Sometimes resignation is a genuine choice. You find another job, want a change or decide it is time to move on. Other times, leaving does not feel voluntary.
Perhaps your wages have repeatedly gone unpaid. You may be dealing with bullying that nobody will address. Your responsibilities may have been stripped away, your pay reduced or your working conditions changed so significantly that the job is no longer what you agreed to.
Even if you are the person who sends the resignation email, the law may treat the end of your employment as a dismissal. This is commonly called forced resignation or constructive dismissal.
The legal threshold is higher than many employees expect. A workplace can be unfair, stressful or poorly managed without the resignation necessarily being legally forced.
In this guide, our Queensland employment lawyers, dive into what forced resignation is, when it applies, and what legal options are available to employees.
This article was updated in August 2026.
When resignation is not really voluntary
Under the Fair Work Act 2009 (Cth), an employee may be treated as having been dismissed where they resigned because of conduct, or a course of conduct, by their employer.
The key issue is whether the employer’s actions effectively brought the employment relationship to an end.
For example, one late wage payment caused by a payroll error is unlikely to amount to forced resignation.
Repeatedly working without being paid, raising the issue and still receiving no proper response may be very different. At some point, continuing to work may no longer be realistic, and the full circumstances matter.
Having a difficult job is not always enough
Many employees reach a point where staying feels emotionally exhausting. That does not automatically mean there was no real choice but to leave.
If making a claim with the Fair Work Commission, they may consider whether you could reasonably have:
- made a written complaint;
- asked the employer to correct the problem;
- used an internal grievance process;
- clarified whether a proposed change was final;
- attended a disciplinary meeting; or
- obtained advice before resigning.
An employee does not always need to try every possible option. Serious bullying, safety concerns or urgent health issues may make that unrealistic.
However, resigning before the employer has made a final decision or had an opportunity to respond can make a claim harder to prove.
Common situations that may lead to forced resignation
Ongoing wage problems
A minor delay will not usually justify resignation. Repeated underpayment, missing wages or long-running payroll problems may be more serious, particularly where the employee has repeatedly asked for the issue to be fixed.
For the employee, this can mean being unable to pay rent, bills or ordinary living expenses. Persistent non-payment can undermine the entire employment relationship.
Bullying, harassment or intimidation
Repeated shouting, humiliation, threats, exclusion or intimidation can make a workplace unbearable.
The Commission will usually consider how serious and frequent the conduct was, whether the employer knew about it, what steps were taken and whether the behaviour directly caused the resignation.
One unpleasant interaction will usually be treated differently from a sustained pattern that the employer ignores.
Significant changes to pay or duties
A substantial pay cut, demotion or removal of core responsibilities may support a forced resignation claim.
Minor changes to duties usually will not. The important question is whether the employer fundamentally changed the employee’s role or conditions without agreement.
Pressure to resign
Some employees are told that resignation would be “better for everyone”. Others are handed a resignation letter or told to decide immediately.
Offering resignation as an option does not automatically make it forced. Relevant factors include whether the employee had time to think, obtain advice and make a genuine choice.
A calm, considered decision will look different from one made under immediate pressure or threats.
Unsafe working conditions
Unsafe work may involve physical risks, unreasonable fatigue, aggressive behaviour or serious psychological harm.
Evidence that the employee reported the problem, requested assistance or obtained medical advice may help explain why continued employment was no longer reasonable.
Resigning too early can create problems
Employees sometimes resign because they believe dismissal is inevitable, rather than because the employer has actually ended the relationship.
This may happen where an employee:
- resigns before a disciplinary meeting;
- leaves while suspended during an investigation;
- resigns after being placed on a performance plan;
- reacts to a proposed role change that has not been finalised; or
- assumes dismissal has already been decided.
These situations can be stressful, but stress alone does not prove forced resignation.
For example, an employee may believe a disciplinary meeting is only a formality before dismissal. If they resign before attending, the employer may argue that no decision had been made and the employee chose to leave.
Evidence matters
Forced resignation cases are often decided by the records created before the employment ended.
Useful evidence may include:
- emails and text messages;
- written complaints;
- payslips and bank records;
- meeting notes;
- medical certificates;
- changes to duties, hours or pay;
- performance or disciplinary correspondence;
- the employment contract; and
- workplace policies.
A simple timeline can also help. Record what happened, when it happened, who was involved and how the employer responded.
Employees should not take confidential business information they are not entitled to keep.
Raising issues before leaving
Where it is safe and appropriate, raising concerns in writing can be important.
A written complaint gives the employer an opportunity to respond and creates a record showing that the issue was brought to its attention.
The complaint should clearly explain:
- what has happened;
- when it happened;
- how it is affecting you;
- what you have already done; and
- what action you want the employer to take.
There may be circumstances where making a complaint is unsafe or unlikely to help. The right approach depends on the seriousness of the situation.
Avoiding an impulsive resignation
Resignation emails are often written immediately after a difficult meeting or upsetting incident.
Once an employer accepts a clear resignation, the employee may not be able to withdraw it simply because they later regret the decision.
Taking time to record what happened, review your documents and obtain advice can prevent a rushed decision from creating long-term consequences.
A resignation letter should explain the real reason you are leaving. Simply using the words “constructive dismissal” does not determine the legal outcome. The evidence and surrounding events are what matter.
Read more on unfair dismissal cases and eligibility.
A real example involving unpaid wages
In Hobbs v Achilleus, an employee experienced continuing irregularities in the payment of his wages.
He repeatedly contacted the employer about the unpaid amounts, but the problem was not properly resolved. He eventually resigned and demanded payment.
The Fair Work Commission found that he could not reasonably be expected to continue working while the employer failed to pay him. His resignation was treated as a dismissal.
The case shows that forced resignation is more likely to be established where there is serious, ongoing conduct, repeated attempts to resolve the issue and no adequate response.
It does not mean that every late payment will amount to constructive dismissal.
Legal options after forced resignation
A finding of forced resignation does not automatically lead to compensation. The employee must still qualify for a legal claim.
Unpaid wages and other entitlements
An employee may also have separate claims for unpaid wages, overtime, superannuation, annual leave, commissions or contractual entitlements.
These amounts do not automatically become severance or redundancy pay simply because the resignation was forced.
Unfair Dismissal Claim
An employee may be able to make an unfair dismissal claim where the resignation legally amounted to a dismissal and the relevant eligibility requirements are met.
Possible outcomes can include reinstatement or compensation, although neither is automatic.
Learn more about submitting an unfair dismissal application. And remember, there is a strict 21-day time limit on applications.
General protections
A general protections (also known as adverse action) claim may be relevant where the employer’s conduct was connected with the employee exercising a workplace right.
This may include making a complaint about wages, raising a safety issue, taking protected leave or questioning workplace entitlements.
Unfair dismissal and general protections are different legal pathways, so choosing the right claim matters.
Remember:
Unfair dismissal and general protections dismissal applications generally need to be lodged with the Fair Work Commission within 21 days after the dismissal takes effect.
Employees often spend the first few weeks recovering, searching for work or negotiating with the employer. By the time they seek advice, the deadline may have passed.
An employee who has already resigned should act promptly, even if they are still gathering documents.
The practical reality
The most common misunderstanding is that unfair treatment automatically proves forced resignation – it does not!
The legal issue is whether the employer’s conduct was serious enough to effectively end the employment relationship and leave the employee with no real choice.
Employees can weaken a claim by resigning too early, failing to raise the problem, giving a different reason for leaving or missing the 21-day deadline.
At the same time, no employee should remain in a workplace causing serious harm simply to strengthen a possible future claim.
The right next step depends on the conduct, the evidence, the employee’s health and safety and the legal options available.
Legal advice before resigning
When an employee feels cornered, resignation can seem like the only way to regain control.
Resigning too early or without understanding the consequences can make an already difficult situation worse.
Our experienced Brisbane employment lawyers help employees across Australia with forced resignation, unfair dismissal, general protections, workplace bullying, underpayments and employment contract disputes.
Contact Prosper Law on 1300 003 077 or submit an online enquiry to arrange an initial consultation.
Frequently Asked Questions
Can an employer tell me to resign?
An employer can suggest resignation, including during disciplinary or settlement discussions. Threats, coercion or conduct that removes any genuine choice may support a forced resignation claim.
Does bullying automatically amount to constructive dismissal?
No. The seriousness, duration, employer response and connection between the bullying and the resignation will all matter.
Does a performance improvement plan amount to forced resignation?
Usually not by itself. The position may be different where the process is not genuine, is retaliatory or is being used to push the employee out.
Can a resignation be withdrawn?
Sometimes, but an employer can generally rely on a clear resignation. Any attempt to withdraw it should be made immediately.
Is redundancy pay available?
No. Redundancy pay generally applies when a position is genuinely made redundant.
How quickly should an employee act?
Constructive dismissal and general protections dismissal applications with the Fair Work Commission generally have a strict 21-day deadline.
About the Author
Farrah Motley
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