+64 2041283124 kiddlrs@slingshot.co.nz

Forced resignation?

[2018] FWC 5519 WA Tiller v Relationships Australia WA Inc (the A held personal views and beliefs inconsistent with R’s policies but had not breached the policies – “Asking Mr Tiller during the meeting ‘Where do we go from here?’ even in the context where Ms Reilly had strongly expressed her concern and disagreement with his views and beliefs did not leave him with no other choice but to resign and nor was his resignation the probable result of asking this open-ended question. Mr Tiller could simply have waited to see what RAWA did about the situation” @174-175 – “no evidence that there was an ultimatum given to Mr Tiller during the meeting on 14 March 2018 that he would be dismissed if he didn’t resign or that he should resign in order to preserve his professional reputation. Considering what occurred objectively whilst it was reasonable for Mr Tiller to understand that his employment was precarious his employer’s conduct was not such that his resignation was a probable result. Mr Tiller was not forced to resign; rather Mr Tiller voluntarily exercised a choice to do so” @177)