A Perth manager who argued forced resignation due to being judged for not working on Australia day has lost her Fair Work general protections claim. The manager alleged her employer, a First Nations charity, created a psychological hazard by giving staff the option to work on the day. However, the Fair Work Commission found she had created an unsafe workplace herself. It accepted she had told colleagues to “f*ck off”, had thrown equipment around the office, and told her boss to “stick it up your ass.” The Commission found she had told a colleague the night before her dismissal that she intended to quit.
In this article, we look at the events of this Fair Work general protections case Ms. Rozanne Byass v The General Gumala Foundation Trust [2026]. Later, we examine a case involving a genuine psychosocial hazard – a Jetstar engineer who was fired for ‘hazing’ two apprentices.
Rozanne Byass started working as risk manager for First Nations charity the General Gumala Foundation Trust (GIPL) on 7 January 2026. When Ms. Byass started at the charity, she underwent a handover with the departing risk manager. She told him that she had sustained a head injury that affected information processing. Ms. Byass therefore requested visual training, but the outgoing manager primarily provided written materials. About two weeks after Ms. Byass started, the outgoing manager emailed the acting chief executive about her inappropriate behaviours.
He wrote that she had told him he was making the handover “f*cking difficult.” When he sought clarification, it was claimed Ms. Byass then said “Don’t f*cking worry about it.” However, in her Fair Work general protections claim, Ms. Byass denied she had said these things. She alleged that the handover was deficient and did not meet her learning needs.
In mid January 2026, GIPL’s chief executive sent an email to all staff about the upcoming 26 January public holiday. The email noted that the date is one of “celebration for some, however is considered ‘invasion day’ by many Aboriginal Australians.” Staff were offered the option to substitute the public holiday for another. However, they were told the choice was entirely their own.
In her Fair Work general protections claim, Ms. Byass said she was approached by numerous colleagues asking whether she would be working that day. She said that she felt judged for taking the day off to play in her tennis club’s Australia Day tournament. Ms. Byass raised concerns with GIPL’s CFO, describing the CEO’s email as “coercive communication” with legal implications.
This included Ms. Byass’ direct report telling the CFO that Ms. Byass had an outburst in their shared office, throwing IT equipment and making her feel threatened. Another colleague said she heard Ms. Byass swearing and throwing objects. She claimed that Ms. Byass was upset about her computer monitors and stated “this place is f*cked.” A second outburst was reported about an hour later. An admin officer complained that she heard Ms. Byass yelling at her direct report, calling her a “moron” and telling her to “f*ck off.”
An office manager, known as Ms. B, reported a further incident in which Ms. Byass had an outburst after her computer shut down, becoming increasingly agitated before leaving the office. In total, five complaints were made against Ms. Byass across her three weeks of employment. However, in her Fair Work general protections claim, Ms. Byass denied any of these events occurred.
On 28 January 2026, Ms. Byass provided GIPL with a five-page document containing legal advice on how to manage her direct report’s WFH request. Ms. B claimed that Ms. Byass said she was “insulted” when Ms. B replied she was too busy to read everything. Later that day, Ms. Byass told Ms. B that she was experiencing “psychological unsafety in the workplace.” This was because the CFO had spoken over her and dismissed her concerns.
The next day, Ms. Byass told Ms. B she was unfit for work due to psychological stress. That evening, Ms. Byass texted her direct report: “I will no doubt resign tomorrow. I need to go in as I’ve got personal items there.” She also said that the CFO and Ms. B were “probably conspiring to fire me. Try it!! I love a good fight.”
Ms. Byass also sent a lengthy complaint to GIPL’s board of directors that day. She raised concerns about her handover, the Australia Day email, staff turnover rates, and the CFO’s management style. This prompted the CFO to call Ms. Byass. The duo gave different accounts of the nature of their conversation during Fair Work proceedings.
Ms. Byass claimed the CFO insinuated she should resign and ended the call abruptly. The CFO claimed that he called Ms. Byass to check in, offered her support and asked if she needed the next day off. He said Ms. Byass told him “you are not going to get rid of me that easily” before hanging up.
Shortly after, Ms. Byass emailed the board. She claimed that when she brought up her psychological safety concern to the CFO, he “immediately raised his voice at me.” Ms. Byass went on to say that she told the CFO she was a “WHS specifiset [sic] and and [sic] his response and actions are embarrassing the organisation.” She claimed the CFO then “responded louder with, no!! I know law you don’t.”
On 30 January 2026, Ms. Byass and the CFO met to prepare for an upcoming board meeting. According to the CFO, Ms. Byass became increasingly agitated during the meeting, packed up her things and handed over her work laptop. When the CFO walked away, Ms. Byass followed him into the corridor, shouted at him and threw her employee lanyard at him. This was while saying, “I am out of here,” “I am leaving,” and directing him to “f*ck off.”
A colleague told the Fair Work Commission that he overheard the exchange. He said the CFO did not raise his voice, while Ms. Byass spoke loudly and swore. When the CFO said “we don’t need to resolve this today,” the witness heard Ms. Byass throw her key fob at him and say words to the effect of “stick it up your ass.” Another witness testified that she heard Ms. Byass say “f*ck you, I am resigning.”
At 5:12pm that same day, Ms. B emailed Ms. Byass to confirm that the CFO had accepted her verbal resignation. On 4 February 2026, the chief executive wrote asking for written confirmation of her resignation. Ms. Byass replied by saying that she had been constructively dismissed due to GIPL’s conduct.
Ms. Byass lodged a Fair Work general protections claim the day after her termination of employment. She argued that it amounted to constructive dismissal under section 386(1)(b) of the Fair Work Act 2009. Ms. Byass claimed that she was left with no effective or reasonable choice but to resign for the following reasons:
GIPL responded to the Fair Work general protections claim by filing a jurisdictional objection. This was made on the basis that she had not been dismissed but had voluntarily resigned. The charity argued that Ms. Byass had never given the board time to investigate her complaints before walking out. GIPL contended that management had repeatedly offered to discuss her concerns and had provided access to support.
It also stated it had not been informed of Ms. Byass’s diagnosed conditions until she filed her Fair Work general protections claim. Far from being a victim of workplace bullying, GIPL argued that Ms. Byass was herself a source of distress for its employees. The charity pointed to the five complaints received about her conduct across just three weeks.
GIPL’s jurisdictional objection to Ms. Byass’ Fair Work general protections claim was heard by the Commission in May 2026. It upheld the jurisdictional objection and rejected the constructive dismissal claim for the following reasons:
The Commission also noted that even if the resignation was argued to have occurred in the heat of the moment, Ms. Byass had subsequently confirmed her resignation. Namely, via a detailed, considered email to the chief executive on 4 February 2026.
A recent Fair Work case that involved a genuine workplace safety incident is Jarrod Mcrae v Jetstar Airways Pty Limited [2026]. The case involved a Jetstar aircraft maintenance engineer who pressed an emergency stop button on an elevated work platform. This action left two apprentices stranded six metres in the air. The engineer, who reportedly laughed as the pair were left unable to get down, claimed the act was an innocent mistake made out of frustration. The Fair Work Commission rejected this, finding his conduct was a reckless breach of safety and a valid reason for dismissal.
Jarrod Mcrae started working for Jetstar Airways as an maintenance engineer in early 2023. He had been working in the industry for over 23 years. Mr. Mcrae’s employment was governed by the Qantas Group Standards of Conduct Policy. Those standards included Cardinal Rules prohibiting employees from recklessly engaging in horseplay or practical jokes that could undermine workplace safety.
The incident that led to his termination of employment took place in a hangar at Jetstar’s Melbourne facility. Mr. Mcrae was working on a Boeing 787 with two apprentice engineers, Jackson Garrett and Neil Singh. The three were using an elevated work platform to carry out greasing work beneath the aircraft’s wing. After Mr. Mcrae was lowered from the platform and disembarked, Mr. Garrett and Mr. Singh raised it again and continued working. Without warning, the platform cut out. When the two apprentices tried to lower it to return to the ground, they found it would not move. The emergency stop button had been pressed.
According to Mr. Garrett, a laughing Mr. Mcrae reappeared at the base of the platform before walking away toward the lunchroom. Unable to get down, Mr. Garrett called a third apprentice who was himself elevated on a separate platform. The apprentice could not immediately help. It took 10 minutes for someone else to enter the hangar and lower the platform. That person confirmed the emergency stop had been activated.
During Fair Work unfair dismissal proceedings, Mr. Garrett testified that he did not call Mcrae for help because he did not want to “add fuel to the fire.” He also initially chose not to make a formal complaint, not wanting to give Mr. Mcrae “the satisfaction” or risk the behaviour being repeated.
Jetstar commenced a formal investigation in June 2025. This uncovered a pattern of inappropriate conduct by Mr. Mcrae toward Mr. Garrett. In one incident, after a dispute about moving aircraft stairs, Mr. Garrett continued arguing in a utility vehicle. When Mr. Garrett said he would complain to HR, Mr. Mcrae was alleged to have lurched from his seat and yelled at Mr. Garrett, with the argument continuing after they got out of the vehicle. A witness confirmed this version of events.
In a second incident, Mr. Mcrae was found to have told Mr. Garrett: “You are all pussies now.” He then mentioned that when he was an apprentice, “we used to cop all sorts of abuse.” He also asked Mr. Garrett “Were you hit much as a kid?” and yelled at him: “Oi Jackson, oi, take it to the carpark, be a man.” Following the investigation, Jetstar issued a termination of employment letter on 29 July 2025.
It was not Mr. Mcrae’s first brush with disciplinary action. In February 2024, he received a formal warning after refusing to undergo drug or alcohol testing. This came after an incident where he was seen sleeping in an aircraft cabin during his shift. Jetstar determined that as a result of the refusal, he had attended work with a drug or alcohol level at or above the cut-off stipulated in its policy.
In his Fair Work unfair dismissal claim, Mr. Mcrae made several claims to the Fair Work Commission:
Meanwhile, Mr. Garrett told the Commission that Mr. Mcrae “made me feel like coming to work was unsafe for me.” Mr. Garrett said that he “feared that he may take physical action against me for speaking up against him.”
Mr. Mcrae’s Fair Work unfair dismissal claim was heard by the Fair Work Commission in April 2026. It preferred Mr. Garrett’s account over Mr. Mcrae’s on every key point. The Commission found he had not been unfairly dismissed for the following reasons:
Read more: Constructive Dismissal Claim Rejected by the Fair Work Commission
We at Australian Workplace Discrimination Representatives help employees across Australia with unfair dismissal, general protections, forced resignation and sexual harassment claims. With strict deadlines applying to many Fair Work claims, getting advice early is essential..
Your initial consultation with us is free and private. Contact Australian Workplace Discrimination Representatives today on 1800 333 666.
