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Evidence that an HRBP actively tried to help resolve an employee's issues with a colleague's behaviour has helped an employer defend a constructive dismissal claim.

Fair Work Commissioner Alana Matheson rejected the employer was "passive" about the employee's concerns; rather, the HRBP regularly communicated with the employee, even on her days off, to ensure he knew people were around to support him.

In October last year, the Orchard Marketing employee emailed HR stating the colleague's criticism, exclusion, and bullying had impacted his performance. He said he felt "obliged" to resign, as it seemed the employer wasn't going to address the toxic workplace.

The senior people and culture business partner (PCBP) accepted his resignation, and he subsequently lodged a general protections dismissal dispute...