TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.385, 386, 394 Fair Work Act 2009 – applicant suspended on full pay while allegations of bullying against her were investigated – investigations substantiated allegations of bullying and found applicant was unable to provide reasonable explanations for behaviours – applicant resigned before scheduled performance management meeting – applicant claimed resignation had been offered to her prior to the meeting as an alternative to being sacked – respondent alleged meeting was to be a ‘show cause’ meeting in respect of investigation outcome – Commission preferred evidence of the respondent – found that the applicant resigned rather than attend a disciplinary meeting, and that the resignation was voluntary – applicant was not forced to resign due to conduct or a course of conduct engaged in by the employer – held applicant not dismissed – application dismissed. Sherman v Sunrise Health Service Aboriginal Corporation
