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As employment lawyers, we are always concerned when we see situations where employees are being placed in a position where they really have no choice but to resign from their employment. Such conduct by an employer can lead to the employee having reasonable prospects of a successful unfair dismissal claim. Im Hamish Procter from Aitken Legal, and in this video, I am going to talk to you about an unfair dismissal decision of the Fair Work Commission, which dealt with a case of forced resignation. In the decision of Trail v OBrien Group Australia, the Fair Work Commission determined that an employee who had tendered a written resignation to her employer, was in fact unfairly dismissed. The employee in this case was awarded 14 weeks pay as compensation for her unfair dismissal. The employee resigned after receiving two written warnings over a period of 7 days. The employee claimed that she had never had disciplinary action taken against her before those two warnings, and that the employ
