TERMINATION OF EMPLOYMENT – small business employer – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as jewellery sales executive – respondent submitted it was a small business and the dismissal complied with Small Business Fair Dismissal Code – applicant contended respondent not a small business and was an associated entity of larger organisation – Commission found respondent was not a small business employer as a principal organisation incorporated in Hong Kong controlled associate business – applicant dismissed for using mobile phone whilst driving and walking away without notice carrying property of business – respondent failed to inform applicant of these reasons – applicant believed real reason for dismissal was complaining about not being paid overtime – Commission found dismissal was sound, defensible and well founded – applicant was denied procedural fairness in dismissal process – held that dismissal was unjust and therefore unfair – ordered compensation of $2,902.50 before tax, plus superannuation at 9.5%. Lau v Nelson (Australia) J A P/L
…
