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An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.

Deputy President Nicholas Lake accepted that a "reasonable person" would consider the employee's conduct as indicating she no longer intended to perform her work.

However, keeping her employer informed of her fitness for work was "objectively consistent" with her belief that she was still bound by her contract, he found...