TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.386, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant claimed he was unfairly dismissed following a heated conversation with his supervisor his absences from work, after which he left the workplace and remained away from work for the balance of the day – respondent alleged applicant voluntarily resigned from his employment – considered resignation given in ‘special circumstances’ [Ngo] – Commission satisfied there were ‘special circumstances’ in existence at the time – respondent waited until after the close of business before sending its letter to applicant at 5:11pm, accepting his resignation – applicant did not contact, or attempt to contact, supervisor or any other person from respondent between his departure from the workplace at about 10:00am and his voicemail message for supervisor at 6:42pm – held respondent allowed a reasonable period of time to lapse before informing applicant it had accepted his resignation – attempt by applicant to withdraw his resignation the next morning was too late – Commission satisfied applicant resigned at his own initiative – applicant not dismissed within the meaning of s.386 of FW Act – application dismissed. Mallinson v Algon Steel P/L
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