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Emails to an HR practitioner showed an employee appreciated his help in facilitating her retirement, and not that she was "forced down a path she did not want to take", the Fair Work Commission has found.

In rejecting her attempt to recharacterise the correspondence, Commissioner Damian Sloan found the employee was "making her position clear" when she stated that she would "not be returning to the workplace" after exhausting her leave entitlements.

In August last year, the ACT Justice and Community Safety Directorate employee attended a meeting to discuss an independent medical examination (IME) report regarding her previously diagnosed stress-related workplace injury and her fitness for a return to full duties.

During that meeting, the employer disclosed that its workers' compensation insurer planned to review the employee's entitlements...