The Small Business Fair Dismissal Code and Summary Dismissal

Small Business Employers will have an easier job of complying with the Fair Dismissal Code in summarily dismissing employees following a recent unfair dismissal judgment by Fair Work Australia (FWA) in Banana Tree Café [2010] FWA 7891.

Background

The employer owned a restaurant and the employee was a cook in the business.

The employer noticed that thousands of dollars in cash had been taken over a period of several months and the only employee present during almost all of those days was the cook.

On being told of the employer's evidence, the employee did not accept or deny that he took the money, but offered to repay it. He later claimed he did so out of fear that he would be deported if the matter went to the Police; he was on a 457 visa at the time.