What does resigning under protest mean in Australia?

Resigning under protest means you give notice that you are leaving, while making clear in writing that you do not consider the resignation to be freely made. It records your position that you felt forced to resign. Section 386(1)(b) of the Fair Work Act provides that a person is taken to have been dismissed if they resigned but were forced to do so because of conduct, or a course of conduct, of the employer.

Is a forced resignation the same as being dismissed?

It can be. Under section 386(1)(b) of the Fair Work Act, a resignation can be treated as a dismissal if the person was forced to resign because of the employer's conduct or course of conduct. Whether that test is met depends on the facts, and the Fair Work Commission decides each case on its own circumstances.

How long do I have to apply to the Fair Work Commission?

There is generally a 21-day time limit from when the dismissal takes effect to apply to the Fair Work Commission, including for forced or constructive resignation matters. Because the limit is short, it is worth getting advice from the Fair Work Ombudsman (13 13 94 / fairwork.gov.au), your union, or a lawyer quickly.

Resignation Under Protest Letter

Free template letter to resign while preserving your position that you felt forced to resign. References the Fair Work Act forced-resignation provisions. Not legal advice.

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Resignation Under Protest Letter

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