Small employer argued job search was ‘disloyal’ and serious misconduct
Belinda Taft was a casual employee at Go Home Lifestyle Products (employer), a small furniture and design business. After approximately 16 months of service, her employment was summarily terminated for serious misconduct when the employer discovered she had contacted an industry acquaintance to inquire about potential alternative roles.
While Taft was on leave, the employer accessed her work email and, on her return, handed her a pre-prepared termination letter alleging serious misconduct. She had not been informed of the allegations and was denied an opportunity to respond before the decision to summarily dismiss her was finalised.
The employer argued that the dismissal was consistent with the Small Business Fair Dismissal Code (code), claiming that Taft’s actions were disloyal and amounted to serious misconduct. It contended that, as a small business, it was entitled to act immediately once it lost confidence in her employment relationship.
Commissioner Matheson rejected those arguments, holding that the employer had misconceived both the scope of “serious misconduct” and the procedural standards imposed by the Fair Work Act 2009 (Cth).
Valid reason for dismissal?
The Fair Work Commission (FWC) first addressed whether there was a valid reason for dismissal. Commissioner Matheson found there was not. Taft’s conduct – making a private, off-duty inquiry about possible employment – did not breach her...
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