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Placing an employee on his second performance improvement plan didn't amount to a constructive dismissal, the Fair Work Commission has ruled.
Rather, the employer's ongoing support showed it had no intention of bringing the employment relationship to an end, and the employee resigned of his own volition because he was unwilling to go through the process, Commissioner Sarah McKinnon found.
The employee filed a general protections dismissal dispute in February this year, claiming he'd been forced to resign from ING Bank earlier the same month.
Considering only whether a dismissal had occurred for the purpose of section 365 of the Fair Work Act, Commissioner McKinnon heard the employee was placed on his first performance improvement plan in May last year...
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