the Applicant v The Association For Parent Controlled Christian Schools At Brisbane Trading AS Westside Christian College
Citation: [2026] FWC 2665
At a glance
- Employees affected
- 1
What happened
the Applicant, a Chinese teacher and workplace delegate at Westside Christian College, raised concerns about workload, bullying, and lack of support in 2025. He was diagnosed with a psychological injury and certified fit for suitable duties. His workers’ compensation claim was rejected. The college attempted to develop a suitable duties plan and offered a mutual separation agreement which the Applicant rejected. Following this, the college initiated an independent investigation into his concerns. On April 17, 2026, the Applicant resigned, stating he had no reasonable option but to leave due to the college’s conduct.
What was decided
The Fair Work Commission dismissed the Applicant's application under s.365 of the Fair Work Act 2009, finding that he did not experience a dismissal but rather resigned voluntarily. The Commission determined the Applicant was not 'forced' to resign due to the college’s conduct and had a choice to remain employed and participate in an independent investigation. The jurisdictional objection regarding whether a dismissal occurred was upheld.
What it means for employers
Employers should ensure they engage constructively with employee concerns, particularly those related to health and safety. Offering options like mutual separation or independent investigations can be appropriate but must be handled fairly. It's crucial to document all actions taken and demonstrate genuine attempts to address employee grievances.
What it means for employees
Employees who feel compelled to resign due to their employer’s conduct should carefully consider whether they were genuinely 'forced' to leave, as the threshold for proving constructive dismissal is high. Seeking legal advice early on can help assess options and protect rights.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →