The recent decision by the Fair Work Commission in Leanne Didcock v Kim Bainbridge Legal Services P/L (U2013/2713) dealt with an employer’s application for relief from unfair dismissal. The employee’s employment was terminated because of her behaviour towards other staff, including telling another staff member to “piss off” and giving her “the finger”.

The employee submitted that the application should be dismissed because it was a small business and it had complied with the small business fair dismissal code.

The Fair Work Commission accepted that the employer was a small business on the evidence that it had less than 15 employees.

The Fair Work Commission also found that the dismissal was consistent with the small business fair dismissal code as:

  • the employee was on very clear notice that the employer had serious concerns about how she spoke to other staff and that she was at risk of losing her job; and
  • the employee continued to exhibit the same behaviour.

Accordingly, the employee’s application was dismissed.

To find out how Armstrong Lawyers may assist you in relation to your employment matter or Unfair Dismissal, feel free to browse our Employment Matters page.