TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as Construction Supervisor – in early 2015 he was moved to position of Maintenance QA Supervisor – salary reduced – applicant had health issues – resigned but claimed he was forced to do so because of the conduct engaged in by respondent – respondent raised jurisdictional objections – applicant was not ‘dismissed’ – whether constructive dismissal [Fingal Glen] – Commission not satisfied respondent embarked on a deliberate strategy, or ‘course of conduct,’ to cause applicant to resign – found medical issues led to resignation – not satisfied applicant was a person who resigned from his employment, but was forced to do so because of conduct, or a course of conduct, engaged in by his employer – applicant had not been ‘dismissed’ – application dismissed. Ardley v Bendigo Urban Investments t/a G.J. Gardner Homes Bendigo
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