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Employee claims she was forced to resign after seeking leave

A senior employee had no choice but to resign after an employer said her performance was "just not working for the business", just weeks after she requested leave to have surgery, the Fair Work Commission has found.

The Lipa Pharmaceuticals chief of quality made a general protections claim related to an alleged dismissal in October last year, but the employer objected on the basis that she had decided to resign.

In September, the employee told the CEO she needed six weeks' leave for a planned surgery.

The Commission heard that during the year, the CEO had raised performance concerns with her and that by late September he had "lost confidence in [her] ability to perform her role"...

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