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Continuing to engage with a mentally unwell employee who was certified unfit for work left him with no choice but to resign, and amounted to a harsh dismissal, the Fair Work Commission has found.

This was the case even though the employee "insisted on engaging when he should not have", said Deputy President Tony Slevin.

The Commission heard that after the employee joined Services Australia in March 2023, his aptitude for the work was quickly recognised and over the next 20 months he was promoted several times.

Things started going downhill in mid-2024, however, after the employee transferred to a different office, where he complained of being bullied by his colleagues, and later by a subordinate. He began engaging with HR, and with the employer's Respect team, but felt he hadn't received the support he needed in his role...