TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.385, 386, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed for 20 years – extension of time granted – not resolved by conciliation – both parties represented by counsel – whether or not the applicant was dismissed – whether dismissal was fair – applicant was a protected person – whether applicant forced to resign by conduct of employer – formal disciplinary meeting held regarding customer complaint – union support person attended meeting to assist applicant – support person recommended by employer – applicant was on final warning concerning customer service standards – store manager to make decision on future actions – applicant was provided opportunity to respond to complaint – employer considered matters raised by applicant and support person – manager told support person there was ‘only a couple of options’ – support person advised applicant to resign as she was going to be dismissed – employer conduct did not suggest a decision was made to terminate applicant – applicant resigned in meeting – manager asked multiple times whether applicant understood resignation and whether she wished to resign – support person not called to give evidence – Commission satisfied applicant able to comprehend resignation – applicant not forced to resign – application dismissed. Price v Coles Supermarkets t/a Coles
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