TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – ss.386, 394 Fair Work Act 2009 – applicant employed as a salesman – resigned from his employment but said that he was forced to do so – respondent had concerns about the applicant’s sales figures and established a new remuneration structure for the applicant – applicant unhappy with new remuneration structure – believed that respondent had sabotaged him by reducing stock levels so that he could not meet his sales targets –Mohazab and AABB Engineering considered – Commission found applicant’s poor sales results were not attributable to any stock level issues – new remuneration structure designed to encourage applicant to achieve better sales – applicant would not have suffered any financial loss as long as he maintained his average sales for the previous two years – respondent’s conduct not intended to, nor would have had the probable result of, bringing the employment relationship to an end – found that the applicant resigned from his employment and was therefore not dismissed – application dismissed. Ampuero v H+Co Menswear t/a H’s Menswear
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