TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent worked as prominent orthopaedic surgeon in Sunshine Coast Medical Community – applicant employed as a medical secretary/receptionist with role changing to include responsibilities of practice manager – applicant was close friends with respondent’s ex-wife – respondent in new relationship with new team member – contended that new staff member was agitating respondent and causing the disruption to the working relationship – conversation took place between applicant and respondent in which applicant submitted the length of conversation and number of issues raised were extensive – felt this conversation was a betrayal of trust, severe victimisation and was emotionally, mentally and physically shattered as a result of it – claimed to be referred to as a ‘compulsive liar’ – felt to have no other option but to resign – respondent denied bullying the applicant at any relevant time, or subjecting to any verbal abuse – claimed applicant never raised any allegation of verbal abuse or complained of behaviour until the commencement of these proceedings – claimed that applicant saw new team member as a threat to authority and overreacted emotionally to any suggestion of new team members involvement in the practice – the intention of involving new team member in the practice was to reduce the applicant’s workload and time pressures – applicant submitted not to be under any time constraints or workload pressures and had managed the practice on own for many years – Commission found that applicant had no real choice but to resign – despite applicant’s resignation bringing the contract to an end, events leading up to this were considered – considered recording of meeting – aggregate of comments amounted to dismissal – applicant left with no option, as respondent indicated not to provide further support in role – ordered compensation in the amount of three weeks, less taxation to be paid within fourteen days of the date of this Decision as compensation for the procedural issues related to the dismissal. Ham v Dr Allan Clarke t/a CJ Orthopaedics P/L
