TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant summarily dismissed for failing to carry out obligations with respect to maintenance of a work vehicle – vehicle broke down while on a highway – police issued infringement notice to driver for failing to provide other road users with appropriate notice of the hazard – fact that respondent a small business not contested – Small Business Fair Dismissal Code (the Code) requires employer be reasonably satisfied of serious misconduct to justify summary dismissal – no suggestion of theft, fraud or violence – Commission must be satisfied of serious breaches of occupational health and safety procedures – Commission satisfied applicant was neglectful in maintenance duties reasonably expected of him, but conduct did not constitute a serious breach of occupational health and safety procedures – not satisfied respondent believed on reasonable grounds that applicant’s conduct was sufficiently serious to justify summary dismissal – Code permits termination if employer has warned applicant of risk of termination if performance or conduct does not improve – applicant’s poor attitude to vehicle maintenance constituted valid reason for a warning – applicant was warned that improvements were required or disciplinary action would follow, but no suggestion of termination was made – Commission not satisfied dismissal in accordance with Code – while valid reason for termination existed relating to applicant’s conduct, termination was harsh, unjust and unreasonable – ordered compensation of $3,534.00, subject to taxation. Vieritz v YEO & CO. P/L
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