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An employee sacked by a supervisor without authority was entitled to decline an HR manager's invitation to restore his employment, the Fair Work Commission has ruled in clearing him to pursue his adverse action claim.

The Port City Autos technician made a general protections claim after his employment ended in October last year, but the employer objected on the basis he had decided not to return to work following a period of leave.

The Commission heard that after taking two days' approved annual leave in mid-October, the employee failed to return to work the next day as he had tonsilitis and COVID-19; however he didn't tell the employer he was sick...