Termination of employment – termination at initiative of employer – resignation – ss.386, 394 Fair Work Act 2009 – applicant employed as advertising sales representative – after confrontation on 3 July 2015 with respondent’s owner, applicant resigned – provided three weeks’ notice – on 5 July 2015 applicant saw medical practitioner as was ‘suffering stress and heart was racing’ – medical practitioner provided medical certificate indicating applicant was not fit to perform her duties on 6 July 2015 – on morning of 6 July 2015, applicant claimed that she was telephoned and informed that she was required to hand in work keys and mobile telephone – also submitted that she was required to return work shirts – when returning work keys the applicant was informed that she was not permitted to enter work site – applicant requested the return of personal items – applicant considered she had been dismissed by the respondent – applicant submitted that the respondent’s conduct had been such that she was forced to resign as she had no reasonable alternative – Commission found that it did not appear that the applicant could reasonably have been ‘forced’ to resign her position if she was capable of performing her duties and sustaining the employment relationship for a further three weeks – such circumstances suggested that the applicant had alternative courses of action at her disposal at the time other than resignation – Commission held that applicant was not forced to resign her employment because of the conduct of her employer – Commission found the applicant resigned from employment on 3 July 2015 as provided three weeks’ notice – applicant did so at own volition – Commission found that as respondent took view that applicant would not return to workplace on and from 6 July 2015, the applicant’s employment was taken to have come to an end at the initiative of the respondent and not by the earlier act of resignation – application jurisdictionally competent – merits considered – Commission found no valid reason for dismissal – applicant harshly, unjustly and unreasonably dismissed on 6 July 2015 – remedy – no utility in contemplating reinstatement – compensation ordered of the balance of any notice not paid in respect of the (three week) period of notice. Brunner v Amalgamated Marketing P/L t/a Radio Stations 4AK 4WK
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