TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.385, 386, 394 Fair Work Act 2009 – application for unfair dismissal – applicant employed since 2009 as a casual gym instructor – since September 2016 he had been working one shift each weekend of 5.5 hours – a new roster in January 2017 provided him a Saturday shift every weekend of 3 hours – applicant objected to this reduction in hours – applicant emailed respondent advising of his ‘involuntary resignation’ because of what he characterised as the respondents ‘refusal to abide by the agreed 5.5 hours per weekend shift agreed in September’ – applicant claimed he was forced to resign because of the conduct of his employer – respondent objected to the application on the grounds that the applicant was not dismissed – Commission found no evidence that the respondent’s conduct was intended to bring the applicant’s employment to an end – applicant had a number of other options rather than resigning – found resignation was voluntary – applicant not forced to resign because of the conduct or the course of conduct engaged in by his employer – applicant has not been dismissed within the meaning of s.386 and so cannot have been unfairly dismissed – no jurisdiction for the Commission to deal with this application – application dismissed. Wilson v Town of Victoria Park t/a Town of Victoria Park
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