TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent argued that applicant was either not dismissed at the initiative of the respondent, or was dismissed in accordance with the small business fair dismissal code – applicant had heated meeting with manager in which applicant was aggressive and abusive and told the respondent that he was resigning before leaving – applicant returned to work the next working and maintained that he had not resigned – Commission held that where an employee unambiguously communicates their intention to resign, the employer is not required to enquire further [Ngo] – held that the applicant, by his statements, did unambiguously communicate their intention to resign – application dismissed. Tan v Vital Packaging
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