TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a full-time office manager – claimed her dismissal was harsh, unjust and unreasonable – Director of respondent appeared at a directions hearing on 7 March 2017, he informed the Commission that he intended to call about eight witnesses to defend the unfair dismissal application – respondent did not attend hearing – applicant the only person to give evidence at the hearing and the case was decided on that evidence – in its Employer Response, the respondent contended it had nine employees at the time the applicant was dismissed and her dismissal was consistent with the Small Business Fair Dismissal Code (the Code) – applicant gave evidence, which was accepted, that the respondent did not have fewer than 15 employees at the time of her dismissal – Commission found respondent was not a small business employer at that time – however, even if respondent was a small business employer at the time it dismissed the applicant, Commission satisfied that respondent did not comply with the Code in relation to the dismissal – found no valid reason for dismissal – satisfied dismissal was harsh, unjust and unreasonable – ordered compensation in the sum of $18,323.04. Ryan v Zalcom P/L t/a Zalcom
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