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An employer has failed to prove that it didn't dismiss a worker when it repeatedly refused her requests for part-time work after a period of parental leave.

Determining whether to allow the employer's jurisdictional objection to the general protections dismissal claim, Fair Work Commissioner Pearl Lim rejected its arguments that the employee repudiated her contract when she continued to push for flexibility ahead of her return.

The Commission heard the employee had been working as a full-time spare parts interpreter for Multispares' Kwinana branch before starting a 12-month period of parental leave in November 2023.

Shortly before she was due to return, the employee met with her manager. According to the manager, the employee said she didn't want to return to work, but the employee claimed she told him she didn't want to go back to working full time...