TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – ss.386, 394, 587 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was forced to resign because of conduct of respondent and Deed of Release (Deed) was signed under duress – respondent submitted there was no dismissal and Deed acts as a bar to the making of an unfair dismissal application – Applicant was suspended from duty pending investigation into alleged serious misconduct – provided resignation letter to respondent and signed Deed – Pawel and ABB Engineering considered – Commissioner determined Deed was binding and a complete bar to application – not persuaded applicant was forced to resign – not a dismissal within the meaning of the Fair Work Act – application dismissed. Fowler v United Care Wesley Bowden Inc
