Fair Work Commission rules Sydney chef was unfairly dismissed by owner

Fair Work Commission deputy president Judith Wright determined that Sydney Omakase unfairly dismissed chef Michiaki Miyazaki, HR Leader reported. The tribunal found the termination breached the Small Business Fair Dismissal Code because the restaurant lacked a valid reason and failed to provide procedural fairness. Miyazaki had relocated from Japan in mid-2023 to work at the business. [1]

According to HR Leader, Miyazaki and Sydney Omakase director and owner Joel Best had known each other for more than 20 years within the hospitality industry before the employment ended. The tribunal highlighted the significance of maintaining clear professional boundaries in small business environments where personal friendships and alcohol are present. [1]

The ruling underscores strict operational compliance requirements for small hospitality businesses under Australian employment law. Employers operating under the Small Business Fair Dismissal Code must ensure that valid operational reasons and formal procedural fairness are established before terminating staff, regardless of prior personal relationships. [1]