TERMINATION OF EMPLOYMENT – remedy – ss.385, 394 Fair Work Act 2009 – applicant alleged employer engaged in unreasonable conduct which forced her to resign – Commission considered s.385(a) – whether applicant was a person who had been dismissed – s.386(1)(b) states that a person has been dismissed if they were forced to resign because of conduct engaged in by employer – applicant alleged that after company restructure, she found what she believed to be an advertisement for her job on an employment website – employer invited applicant to have discussions, and encouraged her to focus on her job as the company underwent significant change – however applicant sent letter from lawyer that ‘acted to galvanise the termination of employment’ – employer submitted that applicant voluntarily chose to resign, and clarified that the job advertisement was in relation to another role in a related company – Commission found that applicant had options other than resignation including accepting invitation to further discussions with employer – employer not responsible for dismissal – applicant ‘not a person dismissed from employment’ – application dismissed. Johnson v Granite Transformations P/L
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