TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.385, 386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed on casual basis – took leave due to non-work related knee injury – returned to work to a new assignment – expressed some dislike to respondent about the assignment but attended the required location on 19 December 2016 – due to applicant’s work vehicle issues and missing necessary safety equipment, returned back to the workshop – contended to be terminated in the meeting with respondent – respondent asserted that applicant was not terminated – parties disputed as to what was said in the meeting – Commission considered principles of Barkla, Mozhab and O’Meara – preferred respondent’s evidence because of consistency, context and sequence of events – Commission held neither the respondent’s conduct nor the communications between the parties, whether considered in isolation or collectively, expressly terminated an employment relationship – applicant not dismissed by respondent – application dismissed. Hooker v Robert Guy and Sons P/L
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