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An employee who was absent for more than three years due to illness has lost his unfair dismissal claim, with the Fair Work Commission finding his employer wasn't required to hold his position open "indefinitely".

The disability support worker performed his final shift with Independence Australia in August 2019 due to a lack of "suitable" work, and began taking annual leave.

According to the employee, from September 2020 until mid-2022 he either had COVID or other medical conditions, and he was certified unfit for work. He received personal leave payments until these were exhausted in August...