TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent raised two jurisdictional objections, the first contending that the application was lodged outside the 21 day statutory timeframe, and the second that it was a small business and the dismissal was consistent with the Small Business Far Dismissal Code (the Code) – applicant dismissed after had heated argument with co-worker – applicant submitted he did not become aware of dismissal until later date – applicant subsequently visited doctor and issued with WorkCover certificate stating unfit for work – applicant submitted that respondent told him to come back to work if showed more respect – unsuccessful workers’ compensation claim lodged – Commission considered whether applicant’s dismissal consistent with the Code – respondent submitted applicant summarily dismissed for reasons including failure to comply with health and safety by not wearing PPE and unacceptable workplace behaviour – submitted applicant became aggressive in incident involving co-worker – in assessing summary dismissal necessary for Commission to determine whether employer genuinely held belief that conduct was sufficiently serious to justify immediate dismissal and secondly whether employer’s belief was based on reasonable grounds [Ryman] – Commission found applicant summarily dismissed – considered meaning of serious misconduct – satisfied applicant’s conduct in intimidating and threatening co-worker sufficiently serious to justify immediate dismissal – found dismissal consistent with the Code – jurisdictional objection upheld – application dismissed. Seffelaar v M & P Painting Contractors P/L
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