TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant was employed as a dental nurse and receptionist – respondent advised applicant she was not happy that instrument tracking had not occurred for a patient on 19 April 2016 and they would discuss this further in a meeting – on 21 April 2016 the applicant witnessed the respondent falsifying the patient’s record – the respondent submitted later on 21 April 2016 she removed the falsified tracking records and has since reported the transgression to the relevant association – respondent denied instructing the applicant to falsify dental tracking records, and submitted the applicant was in the room however the respondent acted alone – respondent met with applicant on 5 May 2016 to give the applicant a warning regarding not tracking instruments – respondent also met with applicant on 11 May 2016 to further discuss applicant not tracking instruments for patients – applicant submitted respondent gave her a choice of leaving or working under her rule – respondent denied this – applicant submitted she was forced to resign due to the conduct of the respondent in relation to the falsification of patient records and the meetings of 5 May 2016 and 11 May 2016 – respondent submitted the conduct lacked compulsion and did not meet the required level to establish the applicant was ‘forced’ to resign – submitted that the applicant had other reasonable alternatives to resignation – on the evidence, at the meeting of 5 May 2016 the respondent sought to amend the respondent’s practices regarding the tracking of instruments – this evidence indicates that there was no ongoing issue of the applicant being required to falsify records – applicant’s resignation letter of 11 May 2016 does not allude to any threat made by the respondent to leave or work under her rule – Commission unable to find the applicant was terminated at the initiative of the respondent, or the applicant was forced to resign because of conduct, or a course of conduct, engaged in by the respondent – application dismissed. Jackson v Elbarki Nominees P/L t/a Heba Elbarki Dentist
