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Failing to consult an absent employee about a change to her start times was a sign of "management incompetence", and not an intention to end her employment, the Fair Work Commission has ruled.

The Commission upheld logistics company Fernhurst's jurisdictional objection to the administration clerk's general protections application, finding the employee's resignation wasn't forced.

In January this year, the employee went on early maternity leave, however her son passed away shortly after his birth in February, and she subsequently contacted the employer about returning to work.

After agreeing to a return date in early April, the employee met with the employer's director and administration manager, who told her the employer intended to change her hours from 7am–3pm to 10am–6pm...