TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent small business – when applicant commenced employment he was in personal relationship with respondent – no formal employment contract in place – applicant dismissed for alleged improper conduct, unsatisfactory work performance and attitude – applicant submitted dismissed following breakdown of relationship with respondent – respondent denied this – Commission found there were legitimate concerns regarding applicants behaviour however these concerns were not raised by respondent in procedurally fair manner – Byrne considered – Commission found dismissal unreasonable on limited basis – applicant did not seek reinstatement – Sprigg adopted to calculate compensation – Commission held compensation should be equal to one week of remuneration – ordered compensation of $865 less tax to be paid within 14 days. Lavender v Electrocity P/L t/a Humphrys Betta Home Living
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