Former Tabcorp CEO Adam Rytenskild is free to proceed with an unfair dismissal complaint against his old employer after Australia’s Fair Work Commission found he was given no real choice but to tender his resignation over a workplace complaint in March.
Tabcorp had been looking to have the matter thrown out, claiming Rytenskild had voluntarily resigned from his employment with the company and was not “dismissed”.
As reported by Inside Asian Gaming, the former Tabcorp boss stepped down earlier this year due to alleged “inappropriate and offensive language” used by him in the workplace. Tabcorp said at the time that its Board of Directors “considered the language to be inconsistent with Mr Rytenskild’s continued leadership of the organization and following discussion with the Board, Mr Rytenskild has tendered his resignation and will step down immediately.”
Rytenskild has denied making any such comments and in August filed an unfair dismissal case against his former employer, arguing that he had not been granted any opportunity to state his case nor given any real choice but to resign.
According to evidence tendered, Rytenskild was called to a meeting shortly after arriving at work on 14 March where he was informed of the findings of a Board investigation into comments he allegedly made to two male colleagues in August 2023 about the female CEO of the Victorian Gambling and Casino Control Commission, Annette Kimmit.
He was also advised that the allegation had been substantiated, that the Board had determined to terminate his employment, and that he had until 3pm to either tender his resignation with six months’ pay or face termination with no compensation.
In seeking to have Rytenskild’s case dismissed, Tabcorp argued that his resignation was in no way forced and had instead been a choice based on options presented to him.
However, Fair Work deputy president Gerard Boyce found that Tabcorp’s Board of Directors had determined prior to meeting with Rytenskild that the company would bring an end to his employment, and had made no plans for any other possible outcome. Boyce also noted that, while Tabcorp had drafted two press release versions announcing Rytenskild’s departure – one in case of resignation and one in case of termination – none was drafted to the effect that he would continue in his employment.
“Tabcorp’s conduct on 14 March 2024 leads to the inescapable conclusion that such conduct caused, resulted directly or consequentially in, or had the objective probable result of, the termination of [Rytenskild’s] employment, and that [Rytenskild] did not voluntarily resign, or have any real or effective choice but to resign, and in the overall circumstances was forced (or compelled) to so resign,” the decision states.
The matter will now be set down for a conference between the Commission and the parties involved, it adds.
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