TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant had food poisoning and sent text message saying he couldn’t make it to work – respondent said they sent messages to applicant regarding attendance with no response – applicant summarily dismissed – Commission held dismissal due to applicant’s non – attendance at work on two days – parties agreed applicant did not appear at work and there was no contact from him for 24 hours – respondent believed conduct serious and justified immediate dismissal – Commission not satisfied respondent had reasonable grounds to hold such belief – held respondent did not comply with Small Business Fair Dismissal Code – no evidence of applicant’s poor attendance record – occurrence of illness preventing employee from attending work contemplated by FW Act and modern awards – in the circumstances Commission held respondent did not have valid reason for dismissal – applicant not afforded procedural fairness throughout dismissal process – held respondent’s disproportionate response to conduct and applicant’s inability to secure permanent employment at similar pay rate after dismissal relevant considerations – dismissal unfair – reinstatement inappropriate – parties to make submissions on matter of compensation. Nicolaou v Architectural Projects Specialists
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