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It was fair to dismiss an employee who didn't return to work for 15 months after making a s-xual harassment complaint, the Fair Work Commission has found.

Noting that the employee didn't cooperate with attempts to support her return to work, Commissioner Sarah McKinnon said the employer wasn't required to hold her position open "indefinitely".

The employee applied for an unfair dismissal remedy in December last year, after the Australian Taxation Office sacked her for non-performance of duties.

Commissioner McKinnon heard the employee had been absent since April 2024, after complaining about an incident she alleged was part of an eight-month pattern of sexual harassment by a colleague...