TERMINATION OF EMPLOYMENT – termination at initiative of employer- resignation – ss.385, 386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as truck driver – respondent sought to hold a discussion with applicant about an accident that had occurred in the course of the applicant undertaking his delivery duties on a prior date – respondent contended that when he attempted to speak to the applicant, the applicant became abusive and argumentative – at that juncture, the respondent contended the applicant told him to ‘shove your job I won’t be back’ – applicant claimed respondent terminated his employment – did not present for work for his next shift – gave no reason for absence on a rostered working day – failed to respond to respondent’s frequent and varied efforts to contact him – Commission found there was no dismissal at the initiative of the employer – requirement under s.385(a) not made out – application dismissed. Taylor v AGAS National
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