TERMINATION OF EMPLOYMENT – termination at initiative of employer – extension of time – ss.386, 394 of Fair Work Act 2009 – jurisdictional objection – whether applicant was terminated at the initiative of the employer – whether application lodged outside 21 days – applicant employed since 2004 – not disputed that applicant was able to work on respondent’s and others’ jobs at the same time – applicant requested assistance from FWO regarding alleged underpayments in late 2015 – applicant told respondent in November 2015 he would take a break from respondent pending resolution of entitlements dispute – respondent contended that applicant terminated subcontract at that time – told applicant that he had not been sacked – submitted that applicant withdrew this labour in November 2015 and application was out of time – Mohazab and Searle considered – Commission satisfied that applicant voluntarily ceased work in November 2015 and did not request more work from respondent until February 2016 – satisfied that respondent’s failure to respond to applicant’s request did not constitute termination at initiative of employer – applicant not dismissed as per s.386 of the Act and application does not meet requirements of s.394 of the Act – application dismissed. Zosel v The Grace Freeman Nelson Trust t/a Landsculpture Design & Construction P/L t/a Landsculpture
…
