TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – applicant commenced employment with respondent on 30 October 2014 – applicant received promotions and a pay rise during period of employment – applicant mentioned to respondent he planned to at some stage start a business of his own and the respondent should not make any long term plans for him with the company – applicant received notice of termination via email on 2 August 2016 due to conflict of interest – applicant stated he was forced to start his own business a lot faster than intended due to his termination – business he started posed no conflict of interest as the target markets are different – respondent builds retaining walls and some hire work whereas the applicant’s business undertakes supply and delivery of materials – following termination of his employment the applicant’s marriage broke down due to financial stress and applicant now living with his father – respondent claimed he had heard applicant was promoting his new business on the company’s time however no evidence was produced to substantiate this fact – considered [Consolidated Paper Industries v Matthews] ‘An employee is not, however, prohibited during his employment from making preparations for setting up a business when the employment ends’ – respondent provided no evidence to support claim the applicant’s ability to perform effectively and safely on the site was compromised by the potential of him starting his own business – no conflict established before the Commission – Commission not satisfied a valid reason existed for the applicant’s termination – applicant had no opportunity to respond to the reason for termination – found applicant unfairly dismissed – remedy – reinstatement inappropriate – compensation – Sprigg applied – applicant’s annual base income was $90,000 – likely applicant would have remained in employment for 3 months following dismissal – applicant had not earned an income since starting his own business – applicant received four weeks wages following termination and this was deducted from compensation amount – applicant awarded eight week’s wages less tax – order issued. Berger v United Crib Block Construction P/L
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