TERMINATION OF EMPLOYMENT – termination at initiative of employer – abandonment of employment – s.394 Fair Work Act 2009 – applicant approached respondent requesting leave to visit mother who was critically ill and in a coma in the Philippines – respondent did not approve leave request because applicant had exhausted leave entitlements, could not provide a return date, no notice was provided, and timing did not suit operational requirements of business – applicant proceeded to travel to Philippines – respondent terminated applicant upon return as respondent had not heard from applicant – respondent had replaced applicant with someone else – respondent raised jurisdictional objection that applicant abandoned employment – Commission found valid reason for dismissal but harsh in the circumstances – applicant did not abandon employment – jurisdictional objection dismissed – compensation ordered to the amount of $512.16 less applicable tax. Llauder-Claddy v Phillip Arcidiacono t/a Rose Cleaning Service
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