TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent small business – submitted applicant was dismissed because he had committed fraud – applicant did not deny what he was accused of – He submitted this was not the reason he was terminated – Commission considered whether employer held belief at time of dismissal based on reasonable grounds – Commission found application dismissed on basis other then what was stated at the time of dismissal – not satisfied respondent demonstrated it complied with the Code – Byrne and Frew considered – Commission found dismissal was not unfair but unreasonable given the absence of natural justice – applicant did not seek reinstatement – Sprigg adopted to calculate compensation – Commission found remuneration loss was no more than two weeks from the date applicant was dismissed – Commission held compensation not appropriate given circumstances. Humphreys v The Trustee for the Chunys Trust t/a Home Giraffe
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