TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent alleged serious misconduct of applicant and dismissal consistent with small business fair dismissal code – applicant alleged to have sent email from respondent’s email to potential employer – content of email inaccurate and derogatory to current employer – applicant denied existence of email when confronted by respondent – applicant had received three previous warnings regarding email and internet misuse – applicant submitted his reasons for sending email was to explain to potential employer why he was seeking to leave current job and did not intend to damage respondent’s business – Commission satisfied respondent believed on reasonable grounds that applicant’s conduct sufficiently serious to justify immediate dismissal – dismissal was in accordance with small business code – application dismissed. Burd v Moran Management t/a Moran Ins Brokers
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