TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.388, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as casual truck/van driver – respondent claimed dismissal was in accordance with the ‘summary dismissal’ part of the Small Business Fair Dismissal Code (Code) – reason for dismissal was that the applicant had three accidents in the truck/van in a 12 month period and also one or two incidents of alleged road rage – the last of these incidents was more than two months prior to dismissal – applicant allowed to work for four or five days after the dismissal – Commission not satisfied dismissal was consistent with the summary dismissal part of the Code – applicant believed the real reason for dismissal were his complaints about underpayment of wages and his persistence in seeking rectification by back payment – Commission not satisfied there was a valid reason for dismissal – not satisfied applicant’s actions constituted misconduct – held that the lack of procedural fairness and the lack of a valid reason meant dismissal was harsh and unjust and unreasonable – ordered compensation of $14995.54, taxed according to law. Richardson v Geelong & Surfcoast Laundry t/a Swim Alumni P/L
…
