Harry Armando Whales is (or was) the sales manager at MCUPL (Meghan's Crown Usurpers Pharmaceuticals Pty Ltd).

His employment contract stated that his annual salary was $90,500 per year plus a bonus based on sales figures, and a modern award under the Fair Work Act 2009(Cth) (FWA) applies to Harry Armando's employment with MCUPL.

Clause 29 of his contract provides that:

'The contract employment between the parties could be terminated by either party by six months'

notice in writing'.

He commenced his employment on 1 July 2019. On 15 October 2020, Armando received a termination letter which stated the following:

Termination of your employment by reason of misconduct:

The purpose of this letter is to confirm that your contract of employment has been terminated on 14

October for gross misconduct. We have decided to summarily dismiss you from employment at MCUPL on the following grounds:

You participated, outside working hours, in the activities of the Unscrupulous Pharmaceutical and Health Workers trade union, a notoriously corrupt trade union;

You ran for election as president of the trade education union and lost;

From the 5th to the 20th September 2020 you went away on annual leave despite the general manager requesting you to wait until October to use your annual leave entitlement as there would be no one else available to replace you during your period of absence.

We sincerely thank you for the services you provided to our company and wish you all the best.

K. Middletop

General Manager

He was not given an opportunity by MCUPL to respond to the above reasons. He was immediately asked to leave.

ON the facts provided are you able to determine whether this is a small business or not as defined by the Fair Work Act?