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Following his "unquestionably harsh" constructive dismissal, an employee has failed to convince the Fair Work Commission that his "complex and severe psychiatric condition", and his loss of credentials due to a recent criminal conviction, shouldn't rule out resignation as a remedy.

Neither of the employer's key reasons for resisting reinstatement were fully supported, but the question marks over both weighed against making such an order, Commissioner Damian Sloan said, ordering it to pay $50k compensation to the employee instead.

The matter – involving a Hutchison Ports stevedore – has been the subject of several Commission decisions. In the first, Commissioner Sloan upheld the employer's jurisdictional objection to his unfair dismissal claim...