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Dismissal ruled unfair after "history of poor behaviour" was managed informally

The informal approach an employer took to addressing an employee's "myriad" behavioural issues ultimately made his summary dismissal harsh, but the Fair Work Commission has nonetheless denied him any compensation.

The employee was "master of his own destiny" through his continued poor conduct, and even if the employer had been "heavier handed" in its previous discipline, he would have been dismissed imminently, Commissioner Paul Schneider found.

Doolan's Heavy Haulage Pty Ltd sacked the truck driver in March last year, after a series of incidents led it to believe the employee "could not or would not change his behaviour in the workplace".

In unfair dismissal proceedings, the employee argued he hadn't done anything that warranted termination of his employment. He also claimed he had no opportunity to respond to the dismissal reason; he wasn't provided with a support person; and he was never warned about his conduct...

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