TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.385, 386, 394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant employed by the respondent for about 4.5 years as an Assembly Technician – applicant had applied for and been granted a period of unpaid leave as he was experiencing some pain in his hands and neck which he attributed to his work duties – applicant considered that a break from work would help alleviate the pain he was experiencing, and he decided to make plans to visit his adult daughter living in the USA – the applicant spoke with the respondent and requested ‘a few weeks’ leave’ in order to travel to the USA – respondent granted the time off work equal to his accrued annual leave together with a few extra days of unpaid leave – applicant then booked flights that would require him to be off work between 26 February 2017 and 12 July 2017, a period of 4.5 months – by 13 January 2017, the respondent informed the applicant that it would not grant him extended unpaid leave for the period sought – stated that if the applicant did go on an extended break and did not return it would consider that he had abandoned his employment – on 16 January 2017 the applicant left a note on his manager’s desk with the subject ‘Resignation’ – approximately three weeks later, the applicant served the respondent with a letter seeking to withdraw the earlier resignation – the respondent did not accept the withdrawal of resignation – the Commission held that the question was whether there had been a constructive dismissal in that the applicant had been forced to resign when he tendered his resignation [Hardwick], [Australian Hearing] – Commission held that the applicant was not forced to resign because of conduct or a course of conduct engaged in by the respondent, and so the applicant’s employment was not terminated on the respondent’s initiative – application dismissed. Kee v Century Yuasa Battery P/L
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