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Forced resignation claim fails despite evidence of bullying and intimidation

An employer's decision to dismiss serious workplace bullying allegations without interviewing the complainant was "shocking and negligent", but didn't amount to a constructive dismissal, the Fair Work Commission has found.

The complainant employee had worked for All About Living – an aged care and disability support service – since 2018, but resigned in August last year.

Claiming she was constructively dismissed, the employee told Commissioner Jennifer Hunt that from the start of her tenure, the employer's long-serving board president would visit her office and in conversation boast that he had sacked any employee who dared to affront him.

The employee mentioned his remarks to the HR manager, who confirmed that five former employees had complained about the president and either been dismissed or resigned...

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