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An employee wasn't "backed into a corner" when an employer responded to his workplace complaints with underperformance allegations, the Fair Work Commission has ruled in a constructive dismissal dispute.

The NCI Australia project manager alleged he was forced to resign in December last year, just three months after he'd started at the company, during a meeting in which he queried overtime payments and complained he hadn't yet received an employment contract.

But the employer objected to his claim on the basis his resignation was "voluntary and unilateral"...