TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted dismissal the result of a long term constructive dismissal process due pending hip surgery – respondent a small business – submitted it complied with Small Business fair Dismissal Code (Code) by giving applicant verbal and written warnings regarding performance – Commission satisfied applicant given numerous warnings about conduct and performance – employee became recalcitrant – refused to follow legitimate instructions – respondent satisfied procedural requirements of Code – while not convinced applicant treated with appropriate level of procedural fairness in dismissal process, Commission found deficiency primarily caused by applicant’s actions – satisfied dismissal for a valid reason and consistent with Code – applicant not unfairly dismissed – application dismissed. Vasilkevs v Imprimater P/L t/a Metro Press.
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