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Employee's misconduct was "borne of frustration", but dismissal fair

An employee whose attitude "spiralled downwards" after she became concerned about a co-worker's criminal history has failed to prove she was unfairly sacked for misconduct.

The employer – which operates Adelaide supermarkets, but won confidentiality orders during proceedings – dismissed the retail employee in September last year for her rudeness and insubordination.

In unfair dismissal proceedings, the Fair Work Commission heard that issues began after the employee complained to the organisation upon discovering a co-worker had an historic conviction for a sex offence with a minor.

After seeking urgent legal advice, the people and culture group manager told the employee there were no grounds to take action against the co-worker simply because of his past conviction...

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