TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – permission to appeal granted on 11 November 2015 – substantive appeal determined on papers – appellant claimed first instance findings regarding Small Business Fair Dismissal Code and high income threshold in error – appellant contended decision did not identify conduct relied upon by appellant in making decision to dismiss employee nor consider reasonableness of employer’s relevant belief – also claimed respondent employee’s income exceeded high income threshold – Full Bench found in order to assess existence of belief and reasonableness of ground for belief necessary for Commission to consider evidence put forward by appellant of employee’s conduct that lead to dismissal – appellant gave evidence of employee undermining authority, taking leave improperly, making referrals to non-approved financial service firms, failing to return from work following lunch, among other issues – Full Bench found first instance decision did not demonstrate consideration of this evidence when determining employer’s belief and its reasonableness – high income threshold essentially question of fact based on evidence of nature of monthly payment to employee – issue was considered in earlier jurisdictional decision of Commission therefore unnecessary to determine matter in these proceedings – Full Bench concluded first instance analysis of the Code was attended by errors of appealable nature – consideration of evidence in matter showed dismissal was consistent with the code because employer believed on reasonable grounds that employee’s conduct was sufficiently serious to justify immediate dismissal – Full Bench allowed appeal, quashed decision of Commission at first instance and dismissed respondent’s unfair dismissal application. Appeal by Lloyd & Co P/L t/a Lloyd & Co against decisions and order of Ryan C of 14 July 2015, [[2015] FWC 4242] Re: Suttie
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