TERMINATION OF EMPLOYMENT – termination at initiative of employer – abandonment – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – in January 2015 applicant requested two periods of annual leave – first period in early March 2015 and second period over Easter 2015 – respondent approved first period but declined second period – applicant pressed the second period of leave again in March 2015 but respondent advised that position remained unchanged – applicant proceeded to take second period of leave – respondent attempted to contact applicant during absence however no response was provided – applicant returned to work in mid April 2015 – respondent advised applicant he was no longer employed because he repudiated employment contract by taking unauthorised leave – applicant argued that respondent never made it clear that absence from employment would amount to resigning – respondent submitted that applicant was advised on multiple occasions that second period of leave would not be approved – Commission to determine whether applicant had abandoned employment or whether it was at initiative of employer – requirement that there to be some action on the part of the employer which is either intended to bring the employment to an end or has the probable result of bringing the employment relationship to an end [Searle] – Commission found that no evidence of action on part of employer to terminate employment relationship – found applicant had abandoned employment in accordance with Graphic Arts, Printing and Publishing Award 2010 – jurisdictional objection upheld – application dismissed. Mor Hiam v Jodack P/L t/a Snap Caufield South
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