Contains issues that may form the basis of a jurisdictional issue
See Fair Work Act s.386(1)(a)
A termination is at the employer's initiative when:
There must be action by the employer that either intends to bring the relationship to an end or has that probable result.
The question of whether the act of an employer results 'directly or consequentially' in the termination of employment is an important consideration but it is not the only consideration. It is important to examine all of the circumstances including the conduct of the employer and the employee.
The test for repudiation by the employer is whether the conduct of the employer, when judged objectively, showed an intention to no longer be bound by a contract. The employer's actual or subjective intention is not relevant.
A repudiation of the contract does not bring the contract to an automatic end but gives the affected party the right to terminate the contract. If the affected party accepts the repudiation the contract will end. 
Where an employer has repudiated the contract, and an employee accepts the repudiation and exercises their right to terminate the contract, this will amount to a termination at the employer's initiative.
An employee may engage in conduct amounting to a repudiation by seriously breaching the contract of employment.
Termination at the employer's initiative requires the termination of the employment relationship, not the contract of employment.
 Mohazab v Dick Smith Electronics Pty Ltd (No 2)  IRCA 645 (29 November 1995), [(1995) 62 IR 200 at p. 205].
 Barkla v G4S Custodial Services Pty Ltd  FWAFB 3769 (Watson VP, O'Callaghan SDP, Cargill C, 8 July 2011) at para. 24, [(2011) 212 IR 248]; citing O'Meara v Stanley Works Pty Ltd, PR973462 (AIRCFB, Giudice J, Watson VP, Cribb C, 11 August 2006) at para. 23, [(2006) 58 AILR 100].
 O'Meara v Stanley Works Pty Ltd, PR973462 (AIRCFB, Giudice J, Watson VP, Cribb C, 11 August 2006) at para. 23, [(2006) 58 AILR 100].; citing Pawel v Advanced Precast Pty Ltd, Print S5904 (AIRCFB, Polites SDP, Watson SDP, Gay C, 12 May 2000); Mohazab v Dick Smith Electronics Pty Ltd (No 2)  IRCA 645 (29 November 1995), [(1995) 62 IR 200]; ABB Engineering Construction Pty Ltd v Doumit, Print N6999 (AIRCFB, Munro J, Duncan DP, Merriman C, 9 December 1996).
 Elgammal v BlackRange Wealth Management Pty Ltd  FWAFB 4038 (Harrison SDP, Richards SDP, Williams C, 30 June 2007) at para. 13.
 Visscher v The Honourable President Justice Giudice  HCA 34 (2 September 2009) at para. 81, [(2009) 239 CLR 361].
 ibid., see also Dover-Ray v Real Insurance Pty Ltd  FWAFB 2670 (Lawler VP, Richards SDP, Larkin C, 9 April 2010) at para. 23, [(2010) 194 IR 22].
 Searle v Moly Mines Limited  AIRCFB 1088 (Giudice J, O'Callaghan SDP, Cribb C, 29 July 2008) at para. 22, [(2008) 174 IR 21]; citing Byrne v Australian Airlines Ltd  HCA 24 (11 October 1995) at para. 23 (Brennan CJ, Dawson and Toohey JJ), [(1995) 185 CLR 410 at p. 427].