The Fair Work Commission (the "FWC") has found that a
massage justified summary dismissal in circumstances where a small
contract cleaning company discovered that its employee had, some
five months earlier, agreed to help a school teacher with her back
pain.
- Legal background
Previous authorities have determined that, in assessing whether
a Small Business Employer has complied with the summary dismissal
section of the Small Business Fair Dismissal Code, it is necessary
to determine:
(a) whether the employer genuinely held a belief that the
employee's conduct was sufficiently serious to justify
immediate dismissal; and
(b) whether the employer's belief was, objectively speaking,
based on reasonable grounds (noting that whether an employer has
carried out a reasonable investigation into the matter will be
relevant to this part of the assessment).