TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – ss.386, 394 Fair Work Act 2009 – applicant employed as a real estate agent – applicant contended that a course of conduct by the respondent meant that she was left ‘with no alternative but to resign her employment’ – respondent directed applicant on 7 August 2014 to commence 109 days or 15.6 weeks of long service leave (LSL) from 6 October 2014, a date slightly more than 60 days after the giving of the notice – applicant believed she would have no new earnings, and therefore no income, during the period of leave, and that once she returned to work after the leave she would have no commission income for a considerable period as well – applicant objected to the direction and on 11 August 2014 applied to the Commission in accordance with the dispute settlement procedure of the Collective Agreement – conferences were inconclusive – respondent direction for the taking of LSL from early October 2014 stood unaltered – 6 October 2014 was a public holiday in South Australia and the applicant attended for work as normal on 7 October 2014 – the impasse between the two parties continued over the course of the week – correspondence from respondent set forth that it would deem the applicant to be on LSL from 14 October 2014 – applicant formed the view that her employment had come to an end – Commission found that while her employment did not end through an explicit statement of resignation, the applicant was not prepared to accept the LSL direction and withdrew from employment – found the applicant had alternatives available for her other than resignation – unable to conclude that the applicant’s resignation from her employment was because she was forced to do so because of conduct, or a course of conduct, engaged in by respondent – not satisfied Ms Parsons was dismissed within the meaning of s.386 of FW Act – application dismissed. parsons v pope Nitschke P/L atf Pope Nitschke Unit Trust t/a Pope Nitschke First National.
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