TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was constructively dismissed due to false accusations about conduct and indignant treatment she was subjected to immediately prior disciplinary meeting and resignation – submitted she was encouraged to change resignation letter and resign with immediate effect – respondent raised jurisdictional objection on basis applicant not dismissed but resigned voluntarily – applicant worked as Assistant in Nursing at aged care facility – alleged misconduct related to video evidence taken on two occasions by colleague without applicant’s knowledge – applicant and respondent had differing recollections of applicant being advised of misconduct allegations and proposed investigation – Commission reviewed video evidence – Commission found no valid reason for termination – dismissal harsh and unfair – no reason why employment relationship could not be restored – previous manager no longer employed by respondent and applicant had excellent rapport with residents, their families and fellow employees – considered may be difficult for applicant to find alternative employment due to age and language deficiency – held applicant to be reinstated former position within 7 days of decision at Mosman facility, with same hours and duties – applicant to maintain continuity of employment – respondent to pay applicant base pay, excluding any weekend penalties, for period 16 November 2016 to 18 July 2017. Tavassoli v Bupa Aged Care Mosman
