TERMINATION OF EMPLOYMENT – performance – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – employer objected to application on basis that it was a small business and the dismissal was consistent with the Small Business Fair Dismissal Code (the Code) – no dispute that employer was a small business – applicant not summarily dismissed but dismissed because employer lost confidence and faith in performance – applicant gave evidence she was never warned that employment was at risk – Commission satisfied employer did not comply with the Code – employer’s conclusion that she no longer had trust in applicant to perform duties not reasonable – no valid reason for dismissal therefore applicant could not have been notified of reason – applicant not given opportunity to respond – applicant entitled to be warned employer was unhappy with performance – lack of human resources management specialists or expertise does not excuse dismissal without warning – Commission satisfied termination was unjust and unreasonable – applicant sought ten weeks’ pay – Commission ordered remedy of four weeks’ pay. Raatjes v J.E.T.S Solutions P/L t/a Cherubs in the Home
