TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Quality Assurance Manager – letter of termination said applicant ‘been spoken to a number of times in relation to matters corresponding with QA’ – applicant submitted there was no valid reason for termination – also submitted that there were no prior warnings, a lack of procedural fairness and an inability to bring a support person to termination meeting – applicant’s unchallenged evidence accepted by the Commission – respondent informed Commission it had entered voluntary administration – neither respondent nor administrator appeared for merits hearing – Corporations Act 2001 and Clifford v S & N Constructions P/L applied – ex-parte hearing of merits – Commission satisfied applicant not given opportunity to respond – found lack of human resources management specialists or expertise did not excuse dismissal without warning – found dismissal was absent of procedural fairness and natural justice – Commission satisfied termination was harsh, unjust and unreasonable – ordered compensation of 16 weeks’ pay plus superannuation. Crowe v R and R Poultry P/L t/a R&R Poultry
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