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The refusal of an HR manager's flexible work request did not indicate the employer intended to end her employment or leave her with no choice but to quit, the Fair Work Commission has ruled.

Stressing that this finding was no indication of whether the refusal was reasonable, Deputy President Kamal Farouque noted the HR manager could have simply dealt with the dispute under the Fair Work Act's flexible work provisions instead of resigning.

In April this year, the Uniqlo Australia HR manager requested a 10-day extension of her parental leave, from which she was due to return in May, as well as a flexible work arrangement. Specifically, she wanted to work on Mondays and Wednesdays only, due to her caring responsibilities, and noted she could likely increase to three days after a couple of months.

The employer agreed to extend her leave, but ultimately determined it couldn't accommodate her flexible work request...