Question
Ace Tennis Pty Ltd (Ace) is a Brisbane-based company that sells tennis equipment. Roger worked for Ace as a senior sales person. Tim, a senior
Ace Tennis Pty Ltd("Ace")is a Brisbane-based company that sells tennis equipment. Roger worked for Ace as a senior sales person. Tim, a senior manager, advised Roger that stockhad been disappearing from Ace's warehouse, and Tim suspected that Roger was involvedin the thefts. Roger was stunned to hear about this, as he had not been told about any missing stock. Tim told Roger that if he did not resign from his job immediately, they would report him to the police for investigation. Fearing the damage that a police investigation could cause to his reputation, Roger felt that he had no choice but to resign from his job. Roger
has commenced an action against Ace for unfair dismissal. Ace has argued that it did not dismiss Roger, but that he chose to resign from the company.
Advise Roger as to whether he would have a claim for unfair dismissal under theFair Work Act 2009(Cth) (FWA) and the supporting common law.When discussing section 387Fair Work Act,students should limit their discussion toonly FOURof the factors from section 387. Whatremedies(if any) are available to Roger and Fair Work Commission under the FWA?
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