Is your manager mysteriously cutting your hours, removing you from meetings, and offering less feedback than a houseplant gets? You might be experiencing what’s known as “quiet firing.” While it sounds like something from a spy thriller, it’s increasingly common in Aussie workplaces-and yes, it has legal implications.
In this article, we’ll unpack how quiet firing is viewed under Australian employment law, what it means for employees and employers, and why Stevens & Associates thinks it’s a topic worth shouting about.
Key Takeaways
- Quiet firing refers to subtle tactics that push employees to resign-often unlawfully.
- Under Australian law, this can amount to constructive dismissal.
- Employees may be entitled to compensation or reinstatement via the Fair Work Commission.
- Employers risk costly legal claims if they use passive-aggressive tactics instead of proper performance management.
- You only have 21 days to lodge most unfair dismissal claims-tick tock!
What Is Quiet Firing?
Quiet firing is like getting fired by ghosting. Instead of a dramatic showdown, you’re sidelined until you give up and resign. Managers may remove responsibilities, withhold feedback, isolate employees, or impose unreasonable demands.
In legal speak? Quiet firing is often a case of constructive dismissal under the Fair Work Act 2009-that is, when an employee feels they’ve been left with no reasonable choice but to quit due to their employer’s conduct.
“Resignation? More like resignation by coercion.”
It’s the corporate equivalent of being invited to a dinner party and then being served a cold cup of tea in the garage. Repeatedly.
Constructive Dismissal: The Legal Backbone
The Fair Work Act recognises constructive dismissal under section 386(1)(b). That means even if you handed in your resignation, you may have been technically dismissed if:
- You were forced to resign due to your employer’s conduct
- The resignation was not voluntary in any real sense
- The employer created or allowed an intolerable workplace situation
This matters because, if proven, you may be eligible for remedies such as reinstatement, compensation, or both-plus the satisfaction of knowing your employer can’t just push you out with passive-aggressive sighs.
Other legal pathways include:
- General Protections Claims under adverse action provisions
- Workplace bullying claims
- Psychosocial hazard breaches under WHS laws
7 Signs You Might Be Getting Quietly Fired
Sometimes it’s not in your head. Here’s how you can tell the quiet part out loud:
- Your responsibilities mysteriously vanish
- You’re excluded from team chats and meetings
- Performance goals suddenly become impossible
- Feedback dries up faster than a Bunnings sausage in January
- You’re moved to a weird role without explanation
- Your manager starts emailing everything instead of talking
- You get put on a Performance Improvement Plan (PIP) with no real support
One or two signs might not mean much. But if you’re ticking off five or more like it’s workplace bingo, it might be time to explore your legal options.
Real Cases That Changed the Game
Recent Australian cases have shed light on how the Fair Work Commission handles quiet firing scenarios:
- AWH v Squiz Pty Ltd (2024) – Employee successfully claimed constructive dismissal after being denied a performance bonus and gradually edged out of meaningful work.
- Nguyen v Indigo Group (2024) – A forced resignation claim was rejected; the Commission found the employer’s behaviour wasn’t enough to constitute dismissal.
- WHS Updates (2025) – New codes on psychosocial hazards mean employers must consider mental safety, not just whether the fire exits are clear.
Legislative changes in 2025 also introduced:
- A Right to Disconnect from 26 August
- New dispute clauses in awards from 26 February
- Revised notice and redundancy entitlements as of 1 January
These updates make the legal landscape for quiet firing even more relevant (and riskier) for Aussie employers.
What You Can Do If It Happens to You
So, what now? If you think you’ve been quietly fired, you’ve got some homework to do-but don’t worry, no group presentations involved.
- Document everything – Emails, performance reviews, meeting notes. Screenshots are your best friend.
- Get legal advice fast – You only have 21 days to file a claim with the Fair Work Commission.
- Consider WHS or workers’ comp if psychological harm has occurred.
- Don’t resign on impulse – It could affect your eligibility for certain claims.
Employers, don’t think you’re off the hook. If you’re using passive tactics to avoid tough conversations, the legal consequences could burn hotter than a Perth summer.
Conclusion
Quiet firing might be subtle, but its impact is loud and clear-and in many cases, unlawful. Whether you’re an employee on the receiving end or an employer trying to stay compliant, the key is understanding that silence is not always golden-especially when it leads to resignation.
If you think you’ve been constructively dismissed or are unsure how to handle a tricky staff situation, Stevens & Associates is here to help. Don’t stay silent. Get advice that speaks your language-and understands the law.
