TERMINATION OF EMPLOYMENT – Small business fair dismissal code – s.394 Fair Work Act 2009 – 1.07 Fair Work Regulation 2009 – application for relief from unfair dismissal – employer small business – 3 employees – Small Business Fair Dismissal Code (Code) applied – no need to determine whether dismissal harsh, unjust or unreasonable under s.387 – two step test applied [Pinawin] – at time employee was dismissed employer believed conduct sufficiently serious to justify immediate dismissal – belief was on reasonable grounds – employer investigated matter [Pinawin] – reasonable grounds objective test – investigation does not require allegations be put to applicant – summary dismissal section of Code ‘serious misconduct’ definition aligns with reg.1.07 [Ryman] – conduct was failure to back up data and source code for 2 years – deleting material from computer – conduct serious given senior position in software company responsible for backing up data – reasonable investigation carried out – held termination of employment not unfair as consistent with Code – application for unfair dismissal remedy dismissed. Ma v Lexxe P/L t/a Lexxe
…
