TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – Application for unfair dismissal remedy – jurisdictional objection – whether applicant voluntarily resigned or dismissal at the initiative of the respondent – meaning of dismissed per s.386 FW Act – applicant claimed he had been dismissed by a text message which constituted a repudiation of his contract of employment – respondent claimed applicant had been given warnings about absenteeism and failure to notify of his absence – on balance of probabilities, Commission found applicant did not expressly resign from employment – respondent’s text message found not to constitute dismissal at its initiative – found applicant’s employment ended following his failure to attend for work beyond 16 January 2017 and failure to communicate concerns he had following receipt of text message – applicant unreasonably concluded he had been dismissed – no dismissal – jurisdictional objection upheld – application dismissed. Engelbrecht v BMI Group P/L t/a BCC Crushing
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