TERMINATION OF EMPLOYMENT – termination at initiative of employer – abandonment – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Team Leader – covered by the Manufacturing and Associated Industries and Occupations Award 2010 (the Award) – applicant absent from work on four rostered shifts in January 2016 – disagreement over extent to which applicant notified of absences – applicant instructed by respondent to notify of future absences and process to do so – absence without notification in March 2016 – applicant given written warning – further absences in May 2016 – meetings held to discuss absences and alleged quality assurance fault – final written warning given – applicant last attended work 12 May 2016 – failed to attend work for subsequent rostered shifts – respondent unsuccessfully attempted to contact applicant through phone and in writing – respondent advised applicant by letter dated 30 May 2016 of termination of employment due to abandonment effective 13 May 2016 – whether dismissed at initiative of respondent or terminated due to unexplained absences that constituted abandonment of employment under clause 21 of the Award – applicant contended he was dismissed and absences not indicative of abandonment – had health issues and was admitted to hospital – limited evidence produced by applicant about his health during period of absences – respondent contended no dismissal at its initiative and failure to notify of absences met circumstances of clause 21 of the Award – Moly Mines and Gauci applied – Commission found applicant’s failure to notify respondent of absence for more than 14 days constituted abandonment of employment under clause 21 of the Award – termination letter had effect of acknowledging abandonment – not dismissed at initiative of respondent – termination not unfair – application dismissed. Bienias v Iplex Pipelines Australia P/L t/a Iplex Pipelines Australia
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