See Fair Work Act 2009 s.387(f) and s.387(g)
Sections 387(f) and (g) look at factors that might have impacted the ability of the employer to follow a fair process in effecting a dismissal. Whether the employer was a small business or a larger employer will be relevant.
For example, a small business may not have the same resources on hand as a larger business which may employ managers or specialist human resources staff.
While there is acknowledgement that small businesses are genuinely different in nature both organisationally and operationally, the procedures followed in dismissing a person cannot be 'devoid of any fairness'.
The Fair Work Commission has observed that 'no employer should ever consider' that ss.387(f) and (g) could 'be used as a shield behind which to hide when they had engaged in conduct which was improper, belligerent and bullying'. The Commission has commented that '[c]ommon sense courtesies of conduct ought to exist in any workplace, whatever the size'.