TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant a pharmacist – initially employed as an independent contractor locum, in April 2012 he became a part owner of the business – Ms McGovern owned 50% of the business and Mr Chiu and the applicant each owned 25% each – Ms McGovern received complaints from staff and Mr Chiu about applicant’s behaviour – external investigator appointed to conduct a formal investigation – allegations substantiated – as a result of investigation applicant’s employment terminated with immediate effect – respondent a small business – whether respondent complied with Small Business Fair Dismissal Code – Commission satisfied the relevant decision maker held the belief that applicant’s conduct was sufficiently serious to justify immediate dismissal – satisfied belief based on reasonable grounds – found dismissal consistent with Small Business Fair Dismissal Code – application dismissed. Wakeling v Foster Pharmacy P/L t/a Foster Pharmacy
