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Job offer timing undermined forced resignation claim

The fact that an employee's resignation coincided with another company's job offer undermined the "multiplicity of reasons" he gave to support his constructive dismissal claim, the Fair Work Commission has ruled.

The Pilbara Iron Company Services operator was hospitalised in August last year due to a heart condition, and was diagnosed with long COVID shortly afterwards, resulting in successive periods of leave.

Towards the end of September his GP cleared him to return to work, but the employer's occupational therapist noted he was still experiencing "episodes of palpitations and shortness of breath" and, because he worked with machinery, said it would be safer to delay his return until after he underwent a scheduled ablation procedure...

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