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An employer took appropriate steps to ensure an employee was "sound of mind" when he quit, a Fair Work Commission full bench has found in upholding its constructive dismissal appeal.
In quashing the original decision, the full bench said it didn't consider the employer's actions – including its "relatively small number of well-intentioned interactions" with the employee while he was unfit to work – "were such as to cause him to have no effective or real choice but to resign".
This was particularly so in circumstances where the employee was instigating contact, it noted.
The case involved a Services Australia customer service officer who resigned in March 2025. He had filed a workers' compensation claim in the preceding weeks, after being diagnosed with a work-related adjustment disorder with anxiety and depressive symptoms...
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