Resign? Being forced out of your job?
Are you really?, is the question. Its a high test at the Fair work Commission. You have to argue that’s its impossible to stay. Many employees who resign, enquire after they resign. Its too late. Explore your options, develop a strategy where you want to be in say 2 months time. You want to get out of the current employer. and you want a new job. So how do I get there?, How do I do this?, What’s the process?
Many employees who are suffering view the workplace, their lives one day at a time. Its survival thinking for many. Some go off on doctors certificates. Nothing wrong with that if that’s what your medical practitioner states. But only when the sick leave runs out, do many employees say, hey what do I do now. Some time out could be a good thing, but start developing that strategy. sometimes though you have to take a step back and look at the bigger picture.
Before You Resign, Consider Your Options
Regardless of whether you want to stay or leave your employment, it is important to remember to never resign! Once you resign, the onus is on the employee to prove they were forced to do. This may be a difficult task. You ended the relationship, you have prove it, that it was the employer’s fault.
If your having issues at work and no longer want to work for your employer? Are you experiencing difficulties in your employment and don’t know what you can do to fix it? Rather than resigning or suffering in your employment, we can assist employees in lodging disputes against their employer. Test the employer out, don’t walk away empty handed. What will the employer pay to keep you? or see the back of you?. At least then its sorted out.
Get packaged out, instead of just resigning
Aforementioned, it is important that you never resign. Once you resign, the onus is on the employee to prove they were forced to do so. Prior to making the decision to resign. It is important to consider a dispute option, discrimination claim and other processes you may be eligible to lodge. This is in order to exit your employment with the best possible advantage. You have to think though how long you will be out of work, reputational damage, etc.
Fair work Commission claim
A Fair work Commission Form F8C – General Protections Application not involving Dismissal. Is an application in which employees can seek a preventative remedy but also possible compensation through an exit package. For more information on what a General Protections claim is, please visit our General Protections page or call us on 1800 333 666
Ask yourself, are you being bullied at work after making a complaint? Have you made a complaint about something in the workplace (called excising a workplace right) and now the employer is treating you less favorably? Is the employer demoting you after you made a complaint?
If an employee can demonstrate that the employer is acting adversely towards them as a result of them exercising their workplace rights. We can lodge an F8C Application to resolve the issues you are experiencing at work and potentially restore your employment relationship.
Through these applications and disputes. We can help clear your name of any allegations that an employer may have brought against you. We can request a transfer to another position within the Company. Possibly restore a previous position if you have been demoted and many other similar remedies. If you want to fight for your job, we can help!
Employment relationship has deteriorated beyond repair
However, do you feel like the employment relationship has deteriorated beyond repair? Do you want to continue working or would you prefer to leave? If an employee can demonstrate that the employer is acting adversely towards them as a result of them exercising their workplace rights. As a result, does not wish to continue their employment, the employee can see an exit package, by way of resignation, to terminate the employment relationship. If the employee can demonstrate pain and suffering as a result of the workplace bullying. Or harassment the employee may seek compensation in the form of general damages.
Bullying or harassment
Are you experiencing bullying in the workplace and want it to stop so you can keep your job? Are you wondering what conduct actually constitutes bullying in the workplace?
Under the Fair Work Act 2009 (Cth) (the FW ACT). Workplace bullying occurs when an individual or a group of individuals repeatedly behaves unreasonably towards a worker. Or a group of workers of which the worker is a member, at work and that behaviour creates a risk to health and safety. Depending on the circumstances, employees’ may be eligible to lodge an application for an order to stop Workplace Bullying (Form F72). Possibly a General Protections Application not involving dismissal (Form F8C).
Order to stop Workplace Bullying
A Form F72 – Application for an order to stop Workplace Bullying. Is an application which seeks a preventative remedy, not remedial, punitive or compensatory. For the FWC to be able to make orders to stop bullying. It must be satisfied not only that a worker has been bullied at work by an individual or a group of individuals. But also that there is a risk that the worker will continue to be bullied at work by that individual or group of individuals.
Once an employee lodges a Form F72. The Fair Work Commission will consider the evidence and whether, assessed objectively, that evidence constitutes bullying behaviour and, in that context, whether it comprised reasonable management action carried out in a reasonable manner. Prior to a determination being made, the Fair Work Commission is likely to hold a preliminary conference to consider how the matter will proceed. How the parties will conduct themselves during the course of proceedings. A matter may then be listed for a determinative conference or a hearing to determine whether or not to make an order to stop bullying.
Fight for your job
Don’t give up. Fight for your job. Don’t let some petty employee, or manager or employer derive you of your income and enjoyment in life. You do have rights, its how you excise them is the key. Give us a call to discuss, explore your options. Sometimes you feel it is easier to resign. Maybe it is, however you have to think it through, get advice, work out what’s best for you and your family
Conclusion: Resign? Being forced out of your job?
We are A Whole New Approach P/L. We are not lawyers, however if you looking for a lawyer, we are the alternative. AWNA are the nations leading workplace advisors, any issues around unfair dismissals, general protections or any other workplace matter we are happy to help. 1800 333 666 . 7 days a week. all calls confidential, prompt and to the point. You can see from over 100 blogs we know what we are talking about. We are at the forefront of workplace commentary, always questioning the system, calling it out as we see it.
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One of the nations leading workplace advisors, representatives and commentators. Gary has represented some 12,000 clients over some 20 plus years, published some 300 plus articles. He is passionate about employees rights and the test of fairness in the workplace. Have a problem, concern, wants to contribute to the debate or research, call him directly.