Forced resignation

What is forced resignation?

Forced resignation is when you employer does something that leaves you with no choice but to resign. This can be because of:

• bullying
• sexual harassment
• underpayment or non-payment of wages and entitlements
• work health and safety issues.

Forced resignation is also called constructive dismissal. It is a type of unfair dismissal.

It doesn’t include if you resign:

• to avoid the consequences of poor performance or misconduct
• because you are unhappy with legitimate disciplinary action or performance management.

Keep records

If you feel like your employer is trying to force you to resign, it is important to keep a record of any incidents. Make notes of the date, time, place, names of people involved and witnesses to each incident.

You should also keep a copy of any emails, Teams messages, grievances, reports or other communications, including about any meetings to address the bullying.

You will need this information if you want to make a complaint to an outside body, such as SafeWork NSW or the Fair Work Commission.

Get legal advice

Before you resign from your job or sign any documents, you should get legal advice about what options you have to address your situation.

You may be able to make a claim about discrimination, bullying, sexual harassment or unpaid wages. It is often better to address the problem instead of resigning. In most cases, you will only be able to make one type of claim. The best type of action to take will likely depend on your circumstances.

You may be eligible for legal advice from Legal Aid NSW's Workplace Rights Service.

Deal with it internally

If it is safe, you should try to address the issues you are facing internally, before you resign. This may mean:

• talking to the person (or people) directly responsible for the bullying
• speaking with your employer or manager
• speak to a Work Health Safety Officer
• reporting your matter to your union (if you are a member)
• following the formal grievance procedure in your workplace
• making a formal complaint in writing about the behaviour.

You have a right to make a complaint and are protected for doing so. If you are treated badly because you made the complaint, that is called victimisation – it is not OK.

You should try to communicate in writing. You should have a look at your workplace policies to make sure you follow the right process.

If you have a meeting, you should keep written records from all the meetings that you go to about this. It’s important to make notes about what was said, when, where and who was involved. You could also ask to have someone with you for support and as a witness.

If your situation does not improve, there are agencies outside your workplace to help you. Where you can go will depend on the behaviour.

You may not want to speak to anyone at work if:

• you do not feel supported by your employer or manager
• your employer or manager is trying to force you to resign
• your workplace does not have appropriate procedures to deal with the issues you are facing.

If this is the case, there are other steps you can take without speaking to anyone at your workplace first.

Taking action against bullying

Workplace bullying is repeated and unreasonable behaviour against a worker or group of workers at work that creates a risk to health and safety. 

You can experience bullying from your supervisor, colleague or manager.

Examples of bullying include:

• nasty comments about your personality or appearance
• being teased, belittled or demeaned 
• inappropriate touching, including pushing and shoving
• being treated differently or unfairly to other staff
• being given inappropriate or unfair workloads and tasks
• being deliberately set impossible deadlines or workloads and set up to fail 
• being excluded from workplace activities.

Bullying is against the law.

It can be discrimination if it is based on a person's background or personal characteristics, such as their gender identity, race, age, marital status, sexual orientation, disability, pregnancy, breastfeeding, intersex status, or carer's or family responsibilities. 

If it involves physical violence, threats of violence, or stalking or intimidation, it may be a criminal offence. 

If you are experiencing bullying, there are steps you can take to make it stop.

For more information, see Taking action against bullying.

Taking action against sexual harassment

Sexual harassment is:

• any unwelcome sexual advance, request for sexual favours or behaviour of a sexual nature
• that makes a person feel offended, humiliated, or intimidated
• that a reasonable person in the circumstances would anticipate the possibility that the person would feel offended, humiliated, or intimidated.

It can be a one-off incident or repeated behaviour. It can happen during work hours or outside of work.

You can experience sexual harassment from your supervisor, colleague or manager. It can also come from customers, clients, visitors or other third parties in your workplace.

Sexual harassment is illegal. It is a type of unlawful discrimination.

Some types of sexual harassment, like sexual assault or physical assault, are also a criminal offence.

If you are  sexually harassed at work, there are steps you can take to make it stop. For more information, see Taking action against sexual harassment.

Make an unpaid wages or entitlements claim

If you believe you have not been paid your wages or other entitlements, you should talk to your employer.

If your employer still won’t pay, you can make a complaint to the Fair Work Ombudsman. The Fair Work Ombudsman can investigate and may be able to help you recover the money you are owed. 

If your employer underpaid you on purpose, the Fair Work Ombudsman may also refer your employer for prosecution. Intentionally underpaying an employee is a criminal offence. If convicted, your employer could be fined, sent to prison, or both.

If you can’t agree with your employer, you may need to start a court case to recover your unpaid wages and/or entitlements.

For more information, see in What if my entitlements are not paid?

Make an unfair dismissal claim

Forced resignation is also known as constructive dismissal. It is a type of unfair dismissal.

If your employer has forced you to resign, you may be able to make a claim for unfair dismissal within 21 days of the date you are dismissed. You should get urgent legal advice about your situation.

If you are employed by the Australian Government, a private business or community organisation, you must make an unfair dismissal claim to the Fair Work Commission.

For more information, see Unfair dismissal.

If you work for a NSW government agency, a local council or a NSW state government owned corporation, you must make an unfair dismissal claim to the Industrial Relations Commission.

For more information, see Unfair dismissals on the Industrial Relations Commission website.

Speak to your GP or counsellor

If your employer is trying to force you to resign from your job, this can be very stressful and upsetting. You may feel sick, or experiencing anxiety or another psychological injury because of their actions.

You can speak to your GP about your health and get a medical certificate. Your GP may be able to offer you treatment or refer you to a psychologist.

You should check whether your employer provides free access to a counselling service.

If you are not fit to work, you can use any sick leave or other leave entitlements while you recover. You will need to give your employer notice if you take leave. Your employer may ask you for evidence that you can’t work, like a medical certificate.

For more information, see Leave.

You can also speak to:

• Lifeline on 13 11 14 – 24-hour counselling service providing emotional support in times of crisis
• Mental Health Line on 1800 011 511 – 24-hour support service across NSW that can connect you with a mental health professional
• Headspace on (02) 9114 4100 – a national youth mental health foundation that helps young people between 12 and 25 who are going through a tough time.

Last updated: January 2026