TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – ss.386, 394 Fair Work Act 2009 – whether applicant dismissed on employer’s initiative – whether employee’s contract of employment repudiated – whether repudiation of contract constitutes constructive dismissal – respondent put new employment contracts with diminished commission arrangements to applicant – each was rejected – respondent continued to pay commission on existing contract terms – Commission satisfied that significant changes occurred in applicant’s work activities – not satisfied applicant’s restricted sales activities and reduced supervisory or managerial duties was repudiation of applicant’s contract – Commission did not find that respondent repudiated applicant’s contract or that employment relationship was terminated on the initiative of the employer on account of repudiation – did not consider that the business restructure was a termination at the employer’s initiative – Commission found applicant resigned – Easling v Mahoney considered – found applicant was dismissed in that he was forced to resign because of a course of conduct engaged in by employer – Commission found business restructure was not valid reason for dismissal – found dismissal unreasonable – dismissal unfair – ordered compensation of $11,535.26, taxed according to law, and $1,238.92 in superannuation contributions. Constable v 4WD Accessory Wholesale P/L t/a Caddy Adelaide
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