TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – applicant dismissed due to respondents poor financial performance and consequent inability to keep him employed – Small Business Fair Dismissal Code not applicable – respondent did not file Employer Response Form or any other material in response to the Commissions directions – respondent failed to attend hearing – respondent informed Commission that directors were based in China – only contact for them an email address and Australian branch no longer operating – applicant sought payment of wages, accrued annual leave and superannuation entitlements – also reimbursement for toll, mobile phone and fuel expenses – no support material filed regarding the company’s financial performance – applicant stated performance issues were never raised with him – only performance review he was commended and received a new car allowance – applicant not notified of reason for termination before decision was made – not given opportunity to respond – Commission found the termination was harsh, unjust and unreasonable – ordered compensation of $24,750 plus 9.5% superannuation gross, taxed according to law. Young v Inovit P/L t/a Inovit
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