Bear with me, have sleeping child and cant type well
Constructive dismissal is a near impossibility as the legal bar is set so high most workplace solicitors will either A) say 'bot possible' or B) string along the client.
FWC commissioners are known to be industry friendly. Some recent acquisitions are actually sourced from corporate organisation representation firms. There is a lot of politics here.
An unfair dismissal (which I think is what you were referring to) still has a significantly high bar. The dismissed individual must have a verifiable record that the dismissal was based on (and here's the sticking point) "legally unfair" circumstances, which is based on multiple variables. If the dismissed individual doesn't have a comprehensive amount of evidence that a case was "built" against them, the 'defendant' will be subject to a primarily hearsay case.

/r/sydney Thread Parent