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Communication style "damaged working relationships", but dismissal was unfair

An employer had valid reasons to sack an employee who couldn't maintain constructive workplace relationships, but it unfairly failed to warn him his employment was at risk, the Fair Work Commission has ruled in awarding compensation.

In November last year, Optimum Health Solutions sacked the senior physiotherapist for allowing unqualified students to provide clinical care to patients without supervision, and for acting aggressively and unprofessionally towards colleagues, referral clients and patients.

In unfair dismissal proceedings, the employee denied most of the conduct alleged; he argued the real reason for his dismissal was a stop-bullying application he'd made about the employer's director.

He said he was never notified of any performance concerns and was unaware of any complaints against him until the day he was sacked...

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