Termination of employment – termination at initiative of employer – resignation – ss.385, 394 Fair Work Act 2009 – applicant employed as an employment consultant for an employment and training provider – resigned because of his extended commute to the Warwick office – applicant indicated that he would have preferred to have been employed in the Toowoomba office, which was much closer to his home – Regional Manager of respondent indicated that she would see if there were any vacancies in Toowoomba and if there were, his resignation could be changed to a transfer – applicant took the view that his resignation had been withdrawn from the time of that conversation – respondent advised there were no current 6vacancies in Toowoomba – applicant emailed respondent and indicated that he was ill and sought to withdraw his resignation – respondent advised resignation had been accepted and that he was not required him to work out his notice period, the respondent would pay him nine days’ notice in lieu – evidence adduced did not indicate that the applicant’s resignation was suspended or otherwise put aside by the respondent – respondent was under no obligation to accept the unilateral withdrawal of the prior notice of resignation – Commission found applicant cannot be taken to have been dismissed for purposes of s.385 of FW Act – application dismissed. Clarke v MAX Solutions P/L
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