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Accepting the resignation of an employee suffering from "mental confusion" did not amount to a constructive dismissal, the Fair Work Commission has found.

Commissioner Damian Sloan found the employer was entitled to accept the employee's decision, as it wasn't fully aware of his mental health problems until after the resignation had been processed.

In unfair dismissal proceedings, the Commission heard the Hutchison Ports stevedore quit his job via email at 4:31am on 26 September 2024. The employer accepted his resignation later that morning and thanked him for his service...