TERMINATION OF EMPLOYMENT – misconduct – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – jurisdictional decision found applicant was dismissed [[2017] FWC 543] – further proceeding to determine whether dismissal unfair – Small Business Fair Dismissal Code not complied with – no valid reason for dismissal – applicant not warned employment at risk – applicant not provided with opportunity to respond to any concerns about conduct or capacity – real reason for dismissal was breakdown in relationship between applicant and respondent’s son – respondent argued that if situation with applicant’s husband was ‘fixed’ then she could return to work – respondent then accused applicant of theft to justify dismissal – whether harsh, unjust or unreasonable – no valid reason – applicant not notified of (valid or invalid) reason for dismissal until day of dismissal – no opportunity to respond – no warnings about conduct or capacity – respondent claims long history in business and industry – not reflected in dismissal procedures – satisfied dismissal harsh, unjust and unreasonable – applicant unfairly dismissed – reinstatement inappropriate given bitter relationship between applicant and respondent – compensation considered – evidence applicant made considerable effort to mitigate loss whilst acting as principal carer for her five children – given family responsibilities, applicant unlikely to have resigned from job which afforded her considerable flexibility – estimated length of future employment at least six months – amount earned since dismissal deducted – no other deductions – added three weeks’ pay in lieu of notice – ordered compensation in amount of $29,714.30. Sirl v HK Group P/L t/a Buzzbee Long Day Care Centre – No.2
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