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Dismissal for shoving woman wasn't motivated by gender

Sacking an employee for acting aggressively towards a woman wasn't evidence of a "corporate culture that favoured females over males", a full bench of the Fair Work Commission has ruled.

There was no reasonable or objective basis for the employee to assert that there was any gender bias, in either the employer's decision to dismiss him or the initial Commissioner's finding that the termination was fair, the bench said.

Citic Pacific Mining Management sacked the employee in September last year, after he had a verbal and physical altercation in a lift, with a woman who worked in the same building.

Based on CCTV footage and witness evidence, Commissioner Pearl Lim rejected his unfair dismissal claim in May, finding the employee had deliberately pushed the woman "with some force" and then "swore aggressively at her". (Read HR Daily's full coverage of that decision here)...

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