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RTW enquiry was "reasonable", no constructive dismissal

Asking an employee who was absent on stress leave when he intended to return to work was a "suitable" enquiry and didn't force him to resign, the Fair Work Commission has found.

The Southern Cross Protection mobile patrol security officer made a general protections claim involving dismissal, arguing he felt pressured to resign when queried about his return-to-work plans, as was on leave due to unaddressed workplace concerns.

But the employer claimed he had voluntarily quit because he was "not happy" about being performance managed....

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