Employee Who "Couldn't Count on HR" Wasn't Forced to Resign

Why It Matters

The ruling clarifies employer obligations under general protections and highlights the need for effective HR support for neurodivergent workers, influencing workplace compliance across the sector.

Key Takeaways

• Commission ruled resignation not forced by employer
• Employer kept handling performance and bullying complaints
• Employee with ASD filed general protections dispute
• Employer objected, claiming no dismissal occurred
• Case highlights HR gaps for neurodivergent workers

Pulse Analysis

The Fair Work Commission’s recent decision involving a former cadet journalist at McPherson Media Group clarifies the threshold for a ‘forced resignation’ under Australia’s general protections regime. Although the employee cited a lack of confidence in Human Resources and filed a dismissal dispute after quitting in August 2023, Commissioner Oanh Thi Tran concluded that the employer continued to engage with her performance concerns and bullying allegations. By determining that the resignation was voluntary, the commission reinforced that employers must demonstrate an ongoing, constructive response to employee grievances to meet the legal standard for forced dismissal.

The case also spotlights the complexities of managing neurodivergent staff, particularly those on the autism spectrum. The employer placed the employee on a performance improvement plan after complaints of “rude behaviour,” while she simultaneously lodged a grievance and sought stop‑bullying orders. This dual track illustrates how performance management and anti‑bullying processes can intersect, and why HR teams need tailored communication strategies, reasonable adjustments, and clear documentation. Failure to address these nuances can expose organisations to costly general‑protections claims and reputational damage.

For businesses across Australia, the ruling serves as a cautionary tale about the importance of robust, transparent HR frameworks. Companies should audit grievance procedures, ensure managers receive training on neurodiversity, and maintain consistent records when issuing performance plans. Proactive engagement not only mitigates legal risk but also fosters inclusive workplaces that retain talent. As regulators tighten scrutiny on workplace fairness, organisations that embed these practices will be better positioned to avoid disputes and demonstrate compliance with both the Fair Work Act and emerging diversity standards.