[25] I agree with the Respondent's submissions that:

"It is understandable that Dr Green preferred to resign rather than face the potential of an adverse fitness for duty assessment and questions about his capacity for ongoing employment. But that does not convert his resignation into a forced one. Dr Green was not forced to resign. He chose to do so because of his perception of the risk to his employment if the fitness for duty process concluded, and to avoid exposing himself to the outcome of a process he did not control."

[26] In considering these matters individually and collectively, the Applicant has not discharged his onus to demonstrate that he had no real, effective or meaningful option but to resign. Rather, he made a considered decision to resign which was not a result of conduct by the Respondent. As a result, I am satisfied that he was not dismissed within the meaning of the Act and this application is dismissed.

B Murphy of Counsel for Commonwealth of Australia as represented by Department of Veterans' Affairs.

[1] [2017] FWCFB 3941.

[2] Sathananthan v BT Financial Group Pty Ltd [2019] FWC 5583.

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