TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal – jurisdictional objection on ground that applicant was not dismissed – applicant employed as General Manager – change in ownership structure – owner became new General Manager – Commission found applicant did not resign – found dismissal unfair – dismissal was arguably redundancy – found applicant would not have remained in employment for longer than notice period paid – not an appropriate case to exercise discretion to award unfair dismissal remedy – unfair dismissal provisions not appropriate mechanism to recover money due under the FW Act or contract of employment [Dale v Hatch] – if applicant has a claim for redundancy entitlements or disputed bonus payments it can be made to a court. Gambling v Digital Fox P/L t/a Mango 4 Office Technology
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