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Worker aggrieved by harassment investigation wasn't forced to resign

An employee who complained about gender-based discrimination and harassment has failed to persuade the Fair Work Commission that her resignation was a "probable consequence" of her employer's response to her concerns.

Commissioner Pearl Lim accepted the employee was "greatly affected" by her experience, but said the test for whether she had choices other than resignation "requires more than dissatisfaction".

The driver operator had been based at Toll Transport's Rockingham depot since 2022. She resigned in February, the day after receiving an investigation outcome letter from the employer, stating she felt "totally let down" and unable to continue her employment.

She filed a general protections dismissal claim, arguing it was "clear and unambiguous that she was left with no real choice but to resign"...

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