TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – Commission at first instance found that dismissal was harsh and unjust and ordered reinstatement – matter appealed by Bupa – Full Bench upheld appeal [[2017] FWCFB 3941] – referred application for rehearing on whether Ms Tavassoli was dismissed – termination of employment without overt dismissal – whether provided resignation was legally ineffective – attempt to withdraw resignation – emotional distress – Commission found resignation should not have been accepted in the circumstances – found applicant was dismissed on the employer’s initiative – file to be returned to Full Bench to determine what further Orders should be made. Appeal by Bupa Aged Care Australia P/L t/a Bupa Aged Care Mosman against decision of Riordan C of 18 July 2017 [[2017] FWC 3200] Re: Tavassoli