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Being slow to replace the equipment used by an employee with sensory needs wasn't conduct forcing her resignation, the Fair Work Commission has found.
Even if the employer's conduct was repudiatory, as the employee argued, that conduct was "cured" by the time she sent her resignation email, Commissioner Phillip Ryan said.
The case involved a Concentrix Services Pty Ltd technical support specialist, whose disability and sensory needs meant she required a particular type of noise-cancelling, over-the-ear headset for work.
She had worked for the employer since 2015, and was using such a headset until July 2024, when she was assigned to a new account (servicing the ATO), that required employees to use ATO-compatible IT equipment...
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