TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394, 396 Fair Work Act 2009 – application for relief from unfair dismissal – previous jurisdiction decision of Commission determined applicant had lodged application within time and was a person protected from unfair dismissal – not contested that respondent is small business within meaning of Act – considered application of Small Business Fair Dismissal Code – respondent asserts applicant divulged company information to a friend who worked for a competitor and had deprived the respondent of an opportunity to gain a sales contract – facts contested – Pinawn T/A Rose Vi, Hair, Face, Body applied – Commission satisfied respondent believed on reasonable grounds that applicant had colluded with friend so as to assist friend to obtain a sales contract – respondents concern about collusive activity was a legitimate concern and was consistent with employment contract of applicant – Commission satisfied respondent undertook sufficient investigation of the matter so as to form a reasonable belief – issue of credibility of witnesses in proceedings resulted in Commission relying heavily on terms of email date 8 July 2015 – Commission did not reach definitive conclusions with respect to other allegations – found termination consistent with Small Business Fair Dismissal Code – application dismissed – order issued. Gillespie v Geographe Real Estate P/L t/a LJ Hooker Geographe Bay
…
