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A worker has failed to prove he was dismissed when he was "ambushed" into converting from permanent to casual employment, following concerns about his attendance and performance.

Fair Work Commission Deputy President Judith Wright said while the employee may have thought the only way to avoid being penalised for his poor performance was to relinquish his permanent position, it was also the case that his full-time working pattern had become "increasingly unsustainable".

Accepting the employee was "deeply unhappy" about becoming a casual, the Deputy President nonetheless found the employer didn't force him to resign from his permanent position...