TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – applicant a casual employee – employed in regular and systematic work – employer was a small business employer – applicant warned three times – respondent contended applicant was a casual employee and the Small Business Fair Dismissal Code (the Code) had been complied with – first warning for swearing at co-worker – second warning for disrespecting a co-worker – third warning for leaving work early with permission as unwell – respondent believed this was because applicant did not like the person she was working with – applicant contented third warning was not valid as she had permission to leave the workplace – applicant subsequently applicant ignored a direction by the respondent not to transport a co-worker to the workplace in private vehicle – respondent said this was the ‘straw that broke the camel’s back’ – respondent met with applicant – confirmed she had driven the co-worker to work – respondent then told applicant that based on work performance he had lost confidence in her and he would ‘let her go’ – Commission preferred applicant’s evidence – found third warning not substantiated – found other conduct did not amount to serious misconduct – no connection between private travel and the employment relationship – dismissal not consistent with the Code – found dismissal unfair – compensation of $2760 ordered. Bronakowski v Balanced Habitats
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