TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant was employed as Sales Manager in transport and removal company – dismissal took effect on 5 November 2015 – respondent submitted that applicant was not dismissed but rather resigned of his own volition – further submitted that on a phone call the applicant said ‘I quit’ – Commission not satisfied that applicant dismissed by respondent – likely that the applicant did not clearly resign but inferred that he was ‘finished’ – that there was no further action or attempt to clarify situation until five days later confirmed the applicant had resigned – Commission found that applicant not dismissed – application dismissed. Tomlinson v Ballina Furniture Overnighters t/a Ballina Removals & Storage
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