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An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.

In a decision handed down in June, Commissioner Susie Allison found the Terex Australia service technician was forced to resign in September last year, due to the employer's unreasonable conduct, which included repeated requests that he work overtime, failing to adequately respond to his safety complaints, and various other matters.

In making these findings, Commissioner Allison rejected the employer's jurisdictional objection to a general protections dismissal claim the employee had lodged against the employer, his supervisor, and the national HR manager (read full details of that decision here).

Seeking to appeal, the employer argued the Commissioner's conclusion was wrong, and that she made factual findings not open to her on the evidence...