TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.386, 394 Fair Work Act 2009 – application for relief from unfair dismissal – whether contract for a specified period of time – whether jurisdictional requirement of a dismissal is met in the circumstances of this case – applicant was a teacher employed for the teaching of a unit – applicant contended his employment was terminated 19 January 2016 – further submitted he was dismissed on 19 December 2015 – after applicant completed lectures on 4 December 2015 he became ill – various attempts were made by respondent to contact him via email and there was limited response – respondent then embarked on steps to have the various other tasks undertaken for the subject – attempted communications continued into the new year and were the subject of further email correspondence in January 2016 – communications also alleged to amount to termination of employment – Commission did not consider any of the activities of the respondent or the university to amount to the termination of applicant’s employment – scope of the contract was specified in the contract – communication appeared to have been intended to seek applicant’s input into final tasks rather than take them off him – after unsuccessful attempts were made the respondent took steps to make alternative arrangements – Commission found on evidence employment was terminated in accordance with the terms of the contract – was a contract for a specified period of time – found employment was not terminated on the employer’s initiative – termination not a dismissal within the meaning of s.386 of FW Act – application dismissed. Bleas v Victoria University
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