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An employee's "appalling mistreatment" of a manager couldn't be "waived away" by his alleged mental health issues, the Fair Work Commission has found in unfair dismissal proceedings.

The Opal HealthCare personal care worker claimed he was sacked over the phone in April this year, while he was receiving treatment in a psychiatric facility, but the employer objected to his unfair dismissal application, arguing he had voluntarily resigned a few weeks earlier.

The Commission heard that when the employee resigned, the general manager had suggested he consider converting his part-time employment to casual, and the employee agreed. However no start date or pay rates were discussed at the time...