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Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.
Deputy President Judith Wright had clearly considered the employer's procedural deficiencies, and she was entitled to conclude that a different process would not have changed the outcome, the full bench ruled.
As previously reported by HR Daily, the ABC Tissue Products process worker was sacked in July 2024 for serious misconduct, following an incident in which he allegedly assaulted a coworker.
In unfair dismissal proceedings the employee maintained he'd acted in self-defence, arguing the coworker was trying to steal money from him...
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