TERMINATION OF EMPLOYMENT – termination at initiative of employer – abandonment – s.394 Fair Work Act 2009 – applicant employed as motor mechanic and accepted employment on basis he was to work six days per week – applicant not entitled to change working hours except by agreement – applicant advised respondent he no longer wanted to work six days per week – respondent advised applicant that he was no longer needed if he would not work six days per week – after conversation applicant left workplace and only returned to collect his tools – Mohazab considered – Commission found nothing in what was said to applicant indicated respondent was terminating employment – respondent did not tell applicant to leave work or give him notice of termination – applicant left employment because he misunderstood what respondent said – Commission satisfied respondent did not terminate employment – not satisfied that respondent’s conduct gave applicant no choice but to resign – applicant not dismissed because termination did not occur at initiative of the employer – application dismissed. Ball v Discount Tyre and Auto Service Centre
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