set_check_status_from_test_outcome: true does not work if build fails

[johnfoconnor]

<SNIP>

Build FAILED.

<SNIP>

    0 Warning(s)
    36 Error(s)

Time Elapsed 00:00:21.82
Warning: Execution of tests returned failure: 1

Warning: Execution of tests DID NOT PRODUCE a tests results file

the action does NOT report the check as failed in this situation

the last action is
Mapping check status to test outcome... from Publish-ToCheckRun. It seems this command is crashing out and aborting execution of the check?