TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – misconduct – ss.388, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant engaged as a casual cleaner at a caravan park – absent from work from November 2017 to February 2018 – applicant’s sister employed to undertake duties – sister witnessed managing director engaging in sexual activity with another cleaner – upon return applicant allegedly told her colleague she was aware of the ‘affair’ – internal investigation conducted – applicant dismissed for making allegations – employer asserted allegations made small working environment untenable – dismissal took immediate effect – conduct not treated by employer as misconduct justifying summary dismissal – dismissal not consistent with Small Business Fair Dismissal Code – Commission found no valid reason – dismissal harsh, unjust and unreasonable – reinstatement not appropriate – compensation of $5,520 ordered. Hall v Sherkaz P/L t/a Country Acres Caravan Park
