TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – on 6 December 2016 applicant sent home for directing vulgar language at company director – applicant apologised and was offered job back on 7 December – applicant dismissed on 9 December 2016 – Commission found reason for dismissal by director was due to a direction from shareholder of company’s only customer – dismissal not consistent with small business fair dismissal code – Commission not satisfied termination was because of language, intimidation, bullying or serious safety breaches – considered factors in s.387 – no valid reason for dismissal – applicant not notified of reason as contemplated by s.387(b) – reason did not relate to capacity, conduct or unsatisfactory performance – size of business and lack of dedicated human resource expertise negatively impacted the procedure followed – considered under s.387(h) the direction from the shareholder of company’s only customer – Commission did not consider there was no other option than to act on direction – dismissal unfair – reinstatement was not appropriate – applicant would have remained in employment for another 12 months – applicant awarded compensation of 26 weeks’ pay. Trialonas v Steric Solutions P/L
