TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as Business Manager at respondent’s Newstead dealership – respondent objected on basis applicant repudiated his contract of employment – applicant ceased to present for work or respond to any communications from respondent after 19 November 2015, following meeting with applicant regarding performance and conduct related processes – at the meeting respondent proposed a new contract of employment as a performance management tool that essentially sought to change the location of applicant’s employment and change of title from Business Manager to Relief Business Manager – applicant concerned new contract might result in his remuneration being reduced by an amount between 50% and up to 90% – applicant asserted that if he did not sign the new contract he would lose his job – contended that in offering new contract respondent had terminated his employment – Commission found applicant’s employment came to an end at the initiative of the respondent – no valid reason for dismissal – held dismissal was harsh, unjust and unreasonable – reinstatement not appropriate – ordered compensation of $50,119.80 gross, subject to applicable taxation. Dore v Motorcycle Holdings TCO P/L atf The Motorcycle Holdings Group Unit Trust t/a Morgan & Wacker Harley Davidson
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