TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed from October 2015 to October 2016 – respondent argued applicant was not dismissed but had abandoned employment – applicant worked as changeover driver for transport company – had accident in Albury and advised by respondent to return to Melbourne depot and then go home – applicant submitted he was contacted by respondent and advised he would be allocated local work – submitted he was not contacted further by respondent and assumed he was stooddown – provided respondent with timesheets and medical certificate on 5 October 2016 – alleged he was informed by respondent on 8 October 2016 he had abandoned his employment – respondent submitted applicant did not advise he was sick nor did he ask for any leave but did not contact him further – respondent accepted they had no discussions with applicant and applicant had submitted timesheets and claimed personal leave prior to making decision to terminate his employment – Commission satisfied applicant did not abandon employment but was terminated by respondent – dismissal a result of serious miscommunication between parties – held dismissal not justified – Commission satisfied dismissal was unjust, unreasonable and without a valid reason – applicant not afforded procedural fairness – remedy – applicant did not seek reinstatement – compensation – Commission satisfied applicant would have remained in employment for at least one year – applicant had obtained other work since dismissal earning a comparable amount -compensation of $10,745.80 less tax plus $574.20 superannuation ordered. Brittain v Nova 5 Group P/L t/a AJM Transport
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