The employee filed two anti-bullying claims, two dismissal cases and one protections application
A Victorian health worker who resigned in 2024 pursued five Fair Work cases over 20 months before his second unfair dismissal claim was thrown out.
Majd Rustom's departure from Western Health on October 10, 2024, set off a cascade of legal actions that offers a stark lesson for employers navigating workplace injuries and contested resignations.
Between June 2024 and July 2025, Rustom filed two anti-bullying applications, one general protections claim, and two unfair dismissal applications with the Fair Work Commission. He simultaneously pursued WorkCover compensation, a WorkSafe investigation, and proceedings before the Workplace Injury Commission.
The Fair Work Commission dismissed his second unfair dismissal application on February 16, 2026, ruling he had no exceptional circumstances to excuse filing 288 days late, more than nine months after his employment ended.
At the heart of the dispute was whether Rustom genuinely chose to resign or felt forced out by Western Health's handling of his return to work after a February 2024 workplace injury. He maintained the employer created unsafe conditions that left him no alternative but to leave.
His first unfair dismissal application, lodged within the required 21 days, was rejected in March 2025. Commissioner Clarke found Rustom had resigned voluntarily and that no dismissal occurred under the Fair Work Act.
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