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An employee who was "unwilling" to acknowledge the part he played in his ongoing unfitness for work has failed to persuade a full bench of the Fair Work Commission to re-examine a decision that his dismissal was fair.

The senior police custody officer had been absent from work since August 2021, first while suspended during an investigation into his conduct, then on workers' compensation for anxiety and depression.

After his employment was terminated in December last year, he argued before Commissioner Leyla Yilmaz that the Victorian Police Department was "cherry picking" evidence when it relied on a treating psychiatrist's report about his fitness for work...