TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent was small security company and objected to application on basis that dismissal consistent with Small Business Fair Dismissal Code (the Code) – applicant dismissed for serious misconduct but also given one week’s notice of termination of employment, during which he continued to work for respondent – Ryman considered – question whether dismissal can be said to have been made on basis of serious misconduct – Commission felt it difficult to accept reliance on serious misconduct in circumstances where applicant allowed to continue working with respondent for one week period after being notified of dismissal – Commission held that applicant’s alleged conduct cannot be categorised as serious misconduct within meaning of FW Act – applicant and respondent submitted different accounts of events leading up to dismissal – Commission preferred and accepted evidence of respondent – satisfied dismissal was compliant with the Code – application dismissed. Karkun v Zone Security P/L
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