TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent business provides day care for dogs and has a large catchment area surrounding Noosa for its customers – applicant was an employee of respondent but also operated ‘Poss’s Pooches’, a dog care provider – applicant accused of conflict of interest due to taking customers from respondent for applicant’s own dog care business – respondent outlined dismissal due to serious misconduct in a letter to applicant on 21 September 2016 – applicant claimed not afforded procedural fairness or adequate opportunity to respond to issues – respondent claimed applicant dismissed for promoting own business to the detriment of the respondent and theft of the respondent’s intellectual property – employees of respondent told only to hand out business cards of overnight dog care providers if approached by clients – respondent alleged applicant handed out cards only of her own business to clients when they had not enquired about dog sitting services – applicant disputed conflict of interest as applicant operated overnight care for animals rather than ‘dog day care’ – Commission found evidence of lack of referrals affecting the respondent’s business goodwill – found no evidence of direct financial loss or theft – respondent alleged applicant downloaded client list – allegation was unsubstantiated – Commission found reason for dismissal valid however dismissal harsh given procedural fairness issues – remedy of compensation appropriate in circumstances – calculation of remedy considered Sprigg – respondent ordered to pay compensation of two weeks wages $1,288.98 – compensation amount discharged notice obligation of respondent. Cameron v Wunderdogs P/L t/a Wunderdogs
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