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An employee who had "little regard" for his employer's leave policies has failed to prove a performance improvement plan was designed to increase pressure on him and result in his dismissal.

BHP Coal sacked the engineer projects worker in March this year for being unable to perform the inherent requirements of his role, and he claimed unfair dismissal.

The Fair Work Commission heard that between September 2020 and August 2021, the employee took 49 days' annual leave, 33 days' sick leave and was absent for up to 41 days without explanation, sufficient notice or submitting a paid leave request.

The employee said he had been experiencing many traumatic personal issues: his partner had overdosed numerous times, was self-harming, and was hospitalised for mental health treatment on several occasions; and both a neighbour and then a friend died by suicide...