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A "hostile and combative" employee who described her refusal to comply with instructions as "a mere expression of opinion" was fairly dismissed, the Fair Work Commission has found.

In 2020 the Poten & Partners chemical engineer's working relationship with her manager began to deteriorate. She objected, for example, when the manager asked her to take the lead role on a feasibility project and when he asked her to attend a workshop overseas. In a subsequent performance review he gave her a satisfactory rating but asked her to be more flexible.

The manager met with further resistance when he asked the employee to review the scope of a project. Instead, she forwarded it to another worker.

Alleging she was "scolded" over this incident, the employee lodged a workplace bullying grievance. At a subsequent meeting, her manager and an HR advisor extended a 'without prejudice' offer to end the employment relationship on mutually agreed terms...