TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – unfair dismissal application – applicant employed as apprentice butcher in final year of apprenticeship – applicant charged with being an accessory after the fact to murder – later granted bail – employer telephoned applicant’s mother to advise applicant’s employment was terminated – employer claimed employees would resign if required to work with applicant and customers would boycott store – employer claimed dismissal was consistent with Small Business Fair Dismissal Code because applicant had engaged in conduct that caused series and imminent risk to the reputation, viability or profitability of business – Commission accepted, at time of dismissal, employer believed applicant’s actions were sufficiently serious to justify immediate dismissal – not satisfied employer had reasonable grounds to form this belief – dismissal not consistent with Code – no presumption that a criminal conviction alone is a valid reason for termination – considered the shop was located in a small country town and applicant was the only named offended in the media – held there was a valid reason for dismissal but that the process of dismissal was at best deficient – applicant two-thirds of his through apprenticeship and had not secured alternative employment – although valid reason for dismissal applicant not afforded procedural fairness – reinstatement not appropriate – held dismissal was unfair – ordered compensation equivalent to six weeks’ wages. Deeth v Milly Hill P/L
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