TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – applicant dismissed for poor performance no written warning – not summary dismissal – Small Business Fair Dismissal Code did not apply as termination related to performance – Commission not satisfied problems with applicant’s performance – no valid reason for dismissal – considerable underpayment of wages – payment in lieu of notice insufficient to compensate for significant shortfall – termination harsh, unjust and unreasonable – reinstatement not appropriate – compensation appropriate – applicant attempted to mitigate loss – ordered compensation of $15,245.68 less tax. Christie v Kennedy’s Personal Training P/L t/a Kennedy’s Health and Fitness.
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