[2] I have heard enough to reach the conclusion that Mr White did not resign. As I see the events, Mr White attended work but you could not perform the inherent requirements of the job because he believed that he didn't have a licence. Further, the employer also believed at that stage that he didn't have a licence. There might have been some presumption on the part of the employer that he was resigning, but I cannot find on the evidence and the description that Mr Luscombe has given me, that he resigned.

[3] What occurred was that the employer sought to change the contract of employment, to one of a casual nature, which was rejected. That is what Mr Luscombe believes constituted a resignation.

[4] I now turn to deal with the extension of time argument. In doing so, one of the tests of the Commission is whether or not the applicant has actively pursued the matter and whether there is a reasonable explanation for the delay in lodging the application. It seems to me that the applicant did actively pursue the matter and as Mr Luscombe recognises, these matters can take a bit longer during the Christmas period. I will extend time to lodge the application.

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