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Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.

The employer promptly withdrew its allegations after the employee explained his circumstances, Commissioner Adam Walkaden said, upholding its jurisdictional objection to his unfair dismissal claim.

"[The employee] may well have been upset that the allegation was made, investigated and ultimately found not to have been substantiated. However, that does not mean that [he] had no effective or real choice but to resign," he said.

The field technician supervisor had worked for Hills Health Pty Ltd since 2015. In September 2025, the employer criticised him for not complying with its leave policy, and reminded him of its process for notifying absences and taking personal leave...