TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant was on personal leave and wrote letter to respondent advising of grievances he had regarding entitlements – mediation arranged by respondent – parties engaged in ‘heated’ telephone conversation on morning of scheduled mediation – respondent submits applicant resigned at this point – respondent sent two further emails to respondent accepting resignation – applicant responded that he had not yet tendered resignation – respondent finalised applicant’s wages and entitlements – whether applicant resigned during phone conversation with applicant – Commission held on balance that applicant had no intention of resigning employment – respondent failed to give proper attention to emails sent by applicant – respondent continued to act as if applicant had resigned when applicant had not – respondent did not make further enquiries to ensure resignation was really intended and therefore termination of employment at respondent’s initiative [Ngo] – no valid reason for dismissal – dismissal of applicant unreasonable – dismissal unfair – reinstatement inappropriate – underlying conflict between parties unresolved – facts indicated applicant likely to have worked for four more weeks – maximum amount Commission would have ordered in circumstances – same amount paid out by respondent – no order for compensation issued. Batrick v Wintersun Holdings P/L t/a Suckling Civil & Structural Engineers
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