A s.394 (Application for unfair dismissal remedy) by Sue Fowler against Uniting Care Wesley Bowden Inc has been lost. Commissioner Hampton in Adelaide on 9 August 2017 heard the matter. The tribunal summary covers: Application for an unfair dismissal remedy – preliminary jurisdictional issues – whether dismissal within the meaning of the Act – whether forced resignation – whether deed of release signed by the parties acts as a bar to the application – investigation to be conducted – suspension implemented – resignation encouraged but real choice remained to have the investigation proceed – no dismissal at the initiative of the employer – no forced resignation – deed of release binding and complete bar to the application – application dismissed.
