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Allowing a supervisor to retract his resignation on the condition of returning to work as a team member amounted to a dismissal, the Fair Work Commission has ruled.

The supervisor's refusal to perform work he was overqualified for didn't mean his resignation remained in force, as the employer argued, Commissioner Damian Sloan found.

The Mandows Powder Coating supervisor had lodged a general protections claim, arguing he was sacked because he engaged in industrial activities and had a disability. But the employer objected on the basis he hadn't been dismissed; it maintained he had resigned without notice...