TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent a small business – respondent asserted applicants were directors of company and that they had agreed that, given the parlous finances of the business, they would not be paid until and unless the business recovered – respondent asserted applicants had stolen company property and acted fraudulently when they represented to two clients that the respondent was licensed to build their houses – considered whether employees at time of dismissal – held that applicants must be regarded as employees at time of dismissal as the arrangement was not a form of voluntary arrangement – the correspondence sent to the applicants on 19 October 2016 clearly suggested that they were regarded by the respondent until that date to be employees – did not imply that they had any legitimate claim to particular additional payments over that time – held respondent had reasonable grounds to believe applicants had stolen vehicles and equipment, evidence to police to same effect – this evidence establishes the respondent had reasonable basis for concern – requirements of the Code for summary dismissal have been met – dismissal not harsh – applications dismissed. Middleton and Anor v Build West P/L atf The Leverett Trading Trust t/a Build West
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