TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – ss.385, 386, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a Family Worker – submitted she was subject to harassment and bullying by a co-worker and she had to resign to avoid further deterioration in her mental health and well-being – respondent received complaints by the co-worker about applicant, and had issued formal and informal warnings to applicant regarding her performance and conduct at work – conduct included limiting her hours without authorisation – applicant was requested to attend meeting to discuss limitation of hours – in response to request, applicant resigned – even if bullied by coworker, which Commission was not satisfied occurred, it was the relationship between the applicant and respondent which is crucial – whether applicant was left with no choice but to resign as a result of the respondent’s actions, or lack of action in respect of the alleged harassment of the applicant by her co-worker – Commission satisfied respondent acted appropriately to manage the situation by investigating complaints about applicant – respondent did not receive formal complaint from applicant about co-worker – respondent entitled to question limitation of hours without authorisation – Commission found applicant had alternative to resignation, with a number of choices open to the applicant – application dismissed. Taouk-Saade v Drug and Alcohol Multicultural Education Centre (DAMEC)
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