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A workplace investigation that conflated performance and conduct issues, and had the same investigator and decision-maker, resulted in an employee feeling that she had no real choice but to resign, the Fair Work Commission has accepted.

Dismissing the employer's jurisdictional objection to her general protections application, Commissioner Katrina Harper-Greenwell accepted that after the investigation into the employee's discrimination and bullying complaints turned into formal performance management and a warning, she was effectively forced to quit.

The Commission heard the employee formally raised several complaints with her employer, disability support service Kind & Care Supports Pty Ltd, in March last year.

In particular, she alleged that: staff weren't being disciplined for mistakes; she wasn't supported with tasks when she needed assistance; and she wasn't offered flexible hours to accommodate her pregnancy...