TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – four jurisdictional objections by respondent – applicant is a Student (Subclass 500) Visa and is studying a Bachelor of Nursing at the Australian Catholic University – worked in excess of the 40 hour per fortnight condition of her Student Visa – applicant suspended without pay – evidence amounted to the applicant completing some notes outside of her normal rostered shift, in doing so she inadvertently ‘worked’ – held not a serious and deliberate breach of a Visa condition or the contract of employment – Commission found respondent repudiated applicant’s employment contract by suspending her without pay – when applicant accepted the repudiation it brought the contract and the employment relationship to an end – found the termination of employment was at the employer’s initiative – applicant unfairly dismissed – remedy to be considered. Devi v Doutta Galla Aged Services Limited
