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It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.

Contrary to the employee's allegations, Commissioner Stephen Crawford found the employer took steps to continue employing him, including by not taking disciplinary action when he repeatedly failed to attend the office.

The Employers Mutual Management case manager became unfit for work in December 2023, and was absent throughout 2024, due to an adjustment disorder with anxiety symptoms.

He returned to work for a period in late March and early April 2025, but ultimately submitted his resignation in May.

He subsequently filed a general protections dismissal application, alleging the employer's conduct had forced him to resign...