TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.386, 394 Fair Work Act 2009 – application for relief from unfair dismissal – parties de-identified – on 14 July 2016 the applicant advised the respondent that he was leaving but did not provide any further explanation for his departure from work – respondent concluded that applicant had resigned his position – in an email to the applicant on 18 July 2016, the respondent confirmed it had concluded he had left their employment of his own volition – applicant submitted he had a panic attack at work on 14 July 2016 as a result of behaviour directed towards him by the respondent – further submitted this should not be viewed as a resignation because it was due to what he perceived as an immediate threat to his health and safety – Mohazab considered – Commission found the termination of the applicant’s employment was at the initiative of the employer on 18 July 2016 – found no valid reason for dismissal – dismissal considered unfair – reinstatement not appropriate – compensation of two week’s pay, less tax, but with commensurate superannuation payments ordered. Mr A v The Respondent
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