TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a modelmaker – respondent was a small architectural design company in Perth – operated in a very competitive market – applicant sought a performance review and salary increase in October 2014 – respondent offered two possible options – applicant replied ‘Please accept option 3. I tender my resignation effective immediately.’ – after discussions the applicant returned to work with no change to his employment contract – in September 2015 there was an incident in the model shop involving the applicant and another employee – heated verbal, almost physical, exchange – applicant given a written warning – meeting between parties – whether applicant resigned – applicant maintained he had tendered no resignation, verbally or in writing, implied or otherwise – respondent submitted applicant did resign – respondent accepted resignation and applicant’s employment was terminated at that point – Commission found applicant’s evidence repetitive, exaggerated, argumentative and self-serving – satisfied the applicant resigned, without notice, in the meeting with the respondent on 17 September 2015 – as the applicant was not dismissed at the initiative of the employer, he could not have been unfairly dismissed – Commission satisfied that if the applicant had not resigned his poor behaviour and inappropriate conduct would have justified dismissal – application dismissed for want of jurisdiction. Blythe v David Hartree Design Associates P/L t/a Hartree and Associates Architects
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