The Fair Work Commission has awarded a sales assistant nearly $30 000 for being summarily dismissed for alleged theft after it was found that there was no justification for the Company’s “inexcusable” behaviour in sacking her and reporting her to the police.
The managing director had acted appallingly in dismissing the sales assistant – with no solid evidence, just allegations, some missing invoices and downward trending cash sales.
The business was not able to provide the employee, the FWC or Queensland Police with any specific proof – it had not sought any advice or outside assistance.
Even taking into account that the company was a small business and did not have a human resources person to contact , there was still no justification for the disgraceful way in which the managing director subjected the employee to such spurious allegations and summary dismissal.
Fair Work Commission found that the assistant’s sacking was not consistent with the Small Business Fair Dismissal Code and awarded the employee $29 000.