TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant was dismissed by respondent, which was a small business restaurant – respondent submitted that its grounds for dismissal included that applicant was allegedly the subject of complaints from customers and staff and shouted at the restaurant owner – applicant submitted that he was dismissed because he inquired about superannuation and holiday pay that he had not received – Commission found that, where the applicant’s and respondent’s evidence conflicted, the applicant’s evidence was to be preferred – held that applicant was summarily terminated and that the reason provided for this termination did not meet the test in the Small Business Fair Dismissal Code (the Code) – held that the occasions where the applicant directed the respondent to leave the restaurant amounted to a valid reason for dismissal, however this was not sufficient for the dismissal to be deemed fair [Toby] – found the dismissal was unfair having regard to the lack of notice and the lack of reasons given for dismissal – parties provided with seven days to make submissions in relation to compensation. Duddington v Mario and Clara Enterprises P/L and Anor
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