Brisbane. Product specialist said she was forced to resign after being embarrassed by HR over uniform issues. Commission disagreed, finding the employer’s conduct did not amount to dismissal.
Where: Townsville
Case name: Amy Tonkin v Carney Townsville Partnership [2025] FWC 2098
Date of decision: 1 August 2025
Link to full case: Click here to view decision
Who: Amy Tonkin, product specialist at a Townsville car dealership
What: Resigned after HR allegedly shared memo about her body shape in skirt compliance issue
Outcome: FWC found she was not forced to resign and dismissed her general protections application
Legal Principle/s:
• A forced resignation requires conduct by the employer that leaves the employee with no real choice but to resign
• Poor HR handling or lack of apology does not in itself constitute forced resignation
• The bar for constructive dismissal is high and must show compulsion or oppressive conduct by the employer
Commentary:
Whilst she may have been able to consider grounds for other types of claims, this case shows that even if a resignation follows poor HR treatment, it will not amount to a dismissal unless the conduct truly leaves no other option.
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