TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – employer a small business – alleged reasons for dismissal included taking unauthorised annual leave, inappropriate use of work computer, making disparaging comments about boss, and making an overpayment to herself – witnesses not reliable – evidence did not support that respondent thought applicant’s conduct significantly serious to warrant immediate dismissal – dismissal not consistent with Code – considered factors in s.387 of FW Act – Commission found valid reason – dismissal unfair – reinstatement not appropriate – prospect of staying in employment long unlikely – compensation appropriate – amount reduced by 10% for misconduct – ordered compensation of $5,892, taxed according to law. Basse v Prestige Paving P/L
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