GENERAL PROTECTIONS – jurisdiction – s.365 Fair Work Act 2009 – respondent objected on the grounds applicant was not terminated and instead abandoned his employment – applicant enquired about outstanding wages with respondent, and respondent informed applicant he was not his ‘type of person’ and he would be replaced by someone more affordable – respondent told applicant that bookkeeper would contact him – applicant visited doctor and was issued a medical certificate stating he was unfit for work for period 17-22 December 2014 – applicant personally gave medical certificate to respondent- applicant made several unsuccessful attempts to call respondent following expiry of medical certificate – on 9 January 2015 applicant contacted respondent bookkeeper who advised applicant he had been terminated – respondent denied this occurred and contended that applicant abandoned employment – Commission applicant employed had ceased on 9 January 2015 – number of aspects of applicants unchallenged evidence further support a finding that he did not abandon his employment – applicant was keen to establish what the situation was regarding his employment – application was made within 21 day statutory timeframe – matter to be re listed for conference. Forrester v Growers Market Express P/L
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