TERMINATION OF EMPLOYMENT – valid reason – uncontested – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant serviced refrigerators and air-conditioning units – dismissal occurred after allegation that applicant was seen working for himself for cash while employed by respondent – applicant argued he was helping friend repair pool fence at relevant time – multiple attempts were made by Commission to notify respondent of proceedings by way of emails, letters and telephone calls – Commission was satisfied respondent was aware of application and had ample opportunity to respond, however had chosen not to do so – on that basis Commission treated application as uncontested – respondent was found not to have complied with Small Business Fair Dismissal Code – Commission could not be satisfied respondent believed on reasonable grounds that applicant’s conduct was ‘sufficiently serious to justify immediate dismissal’ – if dismissal could have been regarded as with notice, applicant had not been warned, given an opportunity to respond, nor given a valid reason as to why his employment was at risk – Commission accepted that applicant had not done a cash job and found no valid reason for termination – Service Manager and Managing Director had notified applicant of reason for termination, but each accused the other of witnessing alleged conduct and being decision maker – applicant was denied procedural fairness – dismissal was harsh, unjust and unreasonable – reinstatement inappropriate – in calculating compensation Commission applied Sprigg formula and deducted $10,000 earned by applicant in own business since dismissal – Commission ordered compensation of $19,640 gross taxed, plus 9.5% superannuation. Antonarakis v Logan City Electrical Service Division P/L
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