TERMINATION OF EMLPOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant expressed intention to start own business in meeting with respondent – used social media and business networking sites to promote new business – respondent believed applicant was working for new business during work hours – Commission found no evidence suggested applicant was operating own business or not working as directed – no valid reason for termination – employment terminated via text message – applicant not notified of reason until after termination – Crozier considered – applicant accused of fraud – not given opportunity to respond to reason for dismissal – Small Business Fair Dismissal Code considered – Commission found fraud allegations were without substance – lack of HR expertise and small size of business no excuse for failure to give applicant opportunity to respond – Sykes considered – Commission satisfied that dismissal was harsh, unjust or unreasonable – dismissal unfair – reinstatement not appropriate – Commission not satisfied that applicant’s misconduct contributed to dismissal – compensation ordered. Olesen v Needlework Tours P/L
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