Michael Costigan v KOR Equipment Solutions Pty Ltd

In the Fair Work Commission, Michael Costigan filed an application for an unfair dismissal remedy against his former employer, KOR Equipment Solutions Pty Ltd (KOR). The central dispute was whether Mr Costigan was dismissed or had resigned. KOR contended that Mr Costigan had resigned, while Mr Costigan argued that he was forced to resign due to KOR’s conduct. The Commission had to determine if Mr Costigan was dismissed within the meaning of the Fair Work Act 2009 (the Act) before considering the merits of the unfair dismissal application. The key issue was whether KOR forced Mr Costigan to resign, rendering his resignation a dismissal under the Act. The Commission examined the circumstances surrounding Mr Costigan's resignation, including the timing, pressure applied by KOR, and Mr Costigan's state of mind. After evaluating the evidence, the Commission found that KOR's conduct amounted to forcing Mr Costigan to resign, thus constituting a dismissal. However, the Commission concluded that KOR’s dismissal of Mr Costigan was not harsh, unjust, or unreasonable, and dismissed the application.