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Changing an employee's role when she returned from parental leave didn't repudiate her employment, but failing to pay her a $22k bonus breached a fundamental part of her contract and amounted to a dismissal, the Fair Work Commission has found.

Marine services company OSM Australia raised a jurisdictional objection to the project manager's general protections claim, arguing that it had not dismissed her, rather it had accepted her decision to end her contract.

Initially employed as operations manager, the employee had transitioned to a project manager role before taking parental leave in October last year...