TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – jurisdictional objection – small business – employer followed Small Business Fair Dismissal Code (Code) in effecting termination – applicant employed under Commercial Sales Award 2010 (Modern Award) – respondent alleged genuine redundancy was basis for termination – role ceased to be viable at level of sales achieved – role not replaced – other staff also made redundant – genuine redundancy would have only occurred if Modern Award consultation obligations complied with [Harvey and Escada] – found consultation requirements not followed – not genuine redundancy – alleged performance issues – company financial problems – found valid reason for termination based on operational needs – nothing to support allegation of poor performance or behaviour – no adequate opportunity to respond to reasons for dismissal – no opportunity for support person – length of employment, age and future employment prospects taken into account – found termination harsh as to manner in which it was carried out – ordered one week’s pay. Stirk v Guru Productions P/L
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