TERMINATION OF EMPLOYMENT – extension of time – date dismissal took effect – s.394 Fair Work Act 2009 – applicant submitted her employment was terminated by her resignation with four weeks’ notice on 17 August 2016 – submitted the termination took effect at the end of the four week notice period on 13 September 2016 – respondent submitted the effective date the applicant’s employment ceased was 18 August 2016 when the respondent advised applicant by text message that she would not be required to serve the four week notice period – applicant submitted the respondent previously stated on 17 August 2016 that the termination date was 13 September 2016 – applicant relied upon Colledge to support its submission that in the absence of agreement it was not possible for either party to unilaterally vary an agreement regarding the period of notice – Commission found that even if the intent of the respondent’s text message of 18 August 2016 was to indicate to the applicant she would be paid in lieu of notice, given earlier advice that the termination date would be 13 September 2016, this entailed a unilateral variation of the notice period – Commission supported a finding that the employment relationship ceased on 13 September 2016 with the expiry of the notice period – applicant’s unfair dismissal application was made within the 21 day statutory timeframe – respondent’s jurisdictional objection dismissed. Ilievska v Adirel Consolidated P/L t/a Surgiplas Medical
