TERMINATION OF EMPLOYMENT – misconduct – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – applicant received termination letter from his father on behalf of the respondent on 19 August 2016 – respondent alleged applicant transferred $5000 from the company’s bank account to his own, removed a computer from the premises and removed $990 cash from a company delivery vehicle – respondent alleged all actions were done without authorisation – the applicant was not notified of or asked about any of the three alleged actions that led to his termination before he received the letter – applicant did not deny he transferred money from company’s bank account to a business credit card – applicant submitted the respondent was aware the account was used almost exclusively for expenses incurred in relation to the respondent’s business – applicant also did not deny removing the computer – respondent subsequently withdrew allegation regarding $990 cash – Pinawin v Domingo considered in determining whether employer had complied with Small Business Code for dismissal – Commission considered respondent did not carry out a reasonable investigation into the applicant’s alleged misconduct before terminating his employment – determined dismissal not consistent with the Code – Commission found none of the three instances of alleged misconduct in the applicant’s termination letter constituted a valid reason for dismissal – respondent conceded applicant was not notified of the reason for dismissal until it took effect – found dismissal was harsh, unjust and unreasonable – procedural fairness not afforded to applicant – remedy of reinstatement not appropriate applicant awarded compensation – compensation calculated using Sprigg formula – Commission determined applicant would have continued to be employed for four weeks – no remuneration earned by applicant in first four weeks after dismissal – nothing deducted for contingencies – ordered compensation of $8,384.60 less taxation. Pomering v Ronpom P/L t/a Millers Turf Farm
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