TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as diesel mechanic – applicant sent an email to respondent detailing complaints regarding respondent’s actions and concluded that he could no longer work under those circumstances and would not return effective immediately – applicant had been stood down from work on the basis that an investigation was to be undertaken into a truck incident upon which he had worked – applicant’s complaints involved the investigation process – applicant asserted he was forced to resign because of respondent’s actions – respondent asserted that applicant voluntarily resigned and its conduct did not intend or have the result of causing resignation – Commission satisfied that respondent’s investigation applied a normal, understandable approach – Commission not satisfied that the manner in which investigation conducted had any of the characteristics of bullying behaviour asserted by applicant, simply that there was a safety issue investigated and acted upon by respondent – Commission not satisfied that applicant’s allegations objectively met tests in Mozahab and O’Meara such that decision to resign should be regarded as a dismissal at respondent’s initiative – Commission not satisfied that respondent breached policies and procedures or that in any event this left applicant with no alternative other than to resign – Commission not satisfied that respondent under an obligation to either refuse to accept applicant’s resignation or to ensure that he meant to resign – Commission found no dismissal at the initiative of employer – for purposes of s.385 of FW Act applicant not dismissed – application dismissed. Townend v Toll Transport P/L t/a TRGL Equipment
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