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Lack of RTW support didn't constitute constructive dismissal

An employee has failed to prove she was forced to resign because of her employer's lack of support following an illness, with the Fair Work Commission finding it wasn't required to offer her alternative duties.

The Goulburn Valley Health registered nurse quit in August last year, giving two weeks' notice, and subsequently made a general protections claim, arguing the employer unlawfully dismissed her because of her physical disability and temporary absence.

But the employer raised a jurisdictional objection on the basis the employee had voluntarily resigned.

The Commission heard that in March last year, the employee contracted a respiratory illness and was hospitalised. She then took personal, annual and long-service leave...

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