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An employee who refused to wear a uniform that made him feel like he was "going to die" in hot weather was constructively dismissed, the Fair Work Commission has found.

Deputy President Thomas Roberts said although the supermarket trolley collector refused to wear a part of his uniform and left his workplace after a heated interaction saying "I'm out", his words were not legally binding and he was in fact terminated by the HR manager the following day.

The employee was hired in February 2023 on a casual basis for MSN Enterprise Group Pty Ltd, which supplied workers to another business, Controlled Trolley Collection Services (Controlled), and he worked across three different sites in eastern Sydney.

He said he wore his full uniform, including a hi-vis polyester collared shirt with a "thick thread" and Controlled logo imprinted on the back, during the winter months with no issues...