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Foreshadowing the resumption of an absent employee's performance management process wasn't "retaliatory" after she complained about her workplace culture, the Fair Work Commission has found, in accepting she wasn't forced to quit.

Rather, the employer wanted a "positive and productive" relationship with the employee when she returned from an extended period of leave, and proposing the performance process was "a completely orthodox exercise of managerial prerogative", Deputy President Richard Clancy said.

The Commission heard that in early 2024, the Transport Accident Commission (TAC) employee was experiencing some mental health issues and raised concerns about her workplace, including grievances over her lack of a full-time contract, a rejected transfer request, and not receiving support to apply for a promotion.

Between April and June 2024, the employer raised performance issues with her, related to her timeliness and ability to understand situations, and the inconsistent quality of her work...