A Section 394 (Application for unfair dismissal remedy) by Christopher Patterson against Re-Engage Youth Services Incorporated T/A Re-Engage Youth Services has been determined by Deputy President Anderson in Adelaide on 3 January 2018. The summary is as follows: Application for an unfair dismissal remedy – jurisdictional issue – whether employee resigned or was dismissed – claim of dismissal at employer’s initiative – section 386(1)(a) criteria not made out – claim of forced resignation – meaning of section 386(1)(b) – annual leave request refused – operational basis for refusal – employee resignation made under pressure of difficult choice – real and effective choice exercised – not forced resignation Employer unilaterally paid out and shortened notice period before resignation took effect – whether dismissal at initiative of employer – section 386(1)(a) – employer conduct in substitution of resignation – employee dismissed during notice period – dismissal harsh, unjust and unreasonable – compensation ordered ($1324.15).
