TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was constructively dismissed due to removal of allocated shifts at meeting with employer – respondent raised jurisdictional objection on basis applicant not dismissed but resigned voluntarily at meeting – applicant warned once previously for cash handling discrepancy – applicant pregnant and planned to resign in July – applicant reported second cash discrepancy of 100 dollars – investigated by HR advisor – applicant called to April meeting with advisor – applicant told all her “change-box” shifts removed leaving only one shift allocated until cash handling retraining completed – considerable divergence of recollections of meeting details – applicant asked to return her uniform at end of meeting – applicant submitted at no stage did she resign and had no intention of finishing her employment until end of July – not asked if she wanted a witness present at the meeting – respondent strongly denied constructive dismissal and claimed applicant clearly resigned in meeting – question to establish involved mixed findings of fact [Mohazab, Allison] and law [Macken’s Law of Employment] – employer relied on alleged verbal resignation – employment ended with the return of uniform – action of employer in reducing shifts changed employment circumstances – applicants’ income reduced by 75 per cent – Commission found no valid reason for termination – applicant entitled to treat reduction as repudiation of contract – Commission found dismissal harsh, unjust or unreasonable – applicant sought three months lost remuneration up to planned resignation end July – no element of past misconduct – $13,566 (16 weeks) compensation ordered. Balgowan v City of Sydney RSL & Community Club Ltd
