Ms Anita Cachia v Scobel Pty Ltd ATF the S & I Trust t/a Emerse Skin & Laser

Ms Anita Cachia applied to the Fair Work Commission for an unfair dismissal remedy following her termination of employment as a beauty therapist by Scobel Pty Ltd. The employer, trading as Emerse Skin & Laser, is a small business entity with fewer than fifteen employees. The crux of the dispute revolves around whether the employer complied with the Small Business Unfair Dismissal Code when terminating Ms Cachia's employment. The allegations against Ms Cachia included verbal and physical abuse, disregard for the Manager’s authority, and bullying of another employee. The employer conducted a suspension and investigation of the complaints, culminating in a meeting with Ms Cachia and her support person. Despite the employer's prior concerns for Ms Cachia’s personal circumstances, they found no remorse or recognition of the seriousness of her conduct. The employer also expressed concern for the welfare of other employees due to Ms Cachia's further intimidating behaviour.

The primary legal issue for the Commission was to determine whether the employer complied with the Small Business Unfair Dismissal Code when terminating Ms Cachia's employment. This involved examining the employer's conduct in handling the suspension, investigation, and the meeting with Ms Cachia. The Commission had to consider the credibility of Ms Cachia's evidence against the employer's account of events and the seriousness of the allegations. The Fair Work Act and the Code required the employer to follow a procedurally fair process and provide reasonable opportunity for Ms Cachia to respond to the allegations. The Commission also needed to assess whether the termination was within the range of responses open to a reasonable employer in the circumstances.

The Commission found that the employer had complied with the Small Business Unfair Dismissal Code. The employer took reasonable steps to investigate the allegations, provided Ms Cachia with an opportunity to respond, and conducted a meeting to discuss the findings. The employer's decision to terminate Ms Cachia's employment was based on the serious nature of the allegations and their impact on the workplace environment. The Commission did not accept Ms Cachia's evidence as credible and found that the employer had acted reasonably in terminating her employment. Consequently, the application for an unfair dismissal remedy was dismissed, and no remedy was ordered.