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An employer had a valid reason to sack an employee who "blatantly defied" a lawful direction, however summarily dismissing him was harsh, the Fair Work Commission has found.
Commissioner Bernie Riordan ordered the Catholic Education Northern Territory Diocese of Darwin to pay the asset officer five weeks' pay as compensation, in line with the dismissal notice period he was entitled to under the relevant award.
The Commission heard that the employee had previously filed a general protections application, which concluded in April this year with a settlement offer and an agreement that the employee would resign.
After the general protections conference, the employee cleared his desk, returned his security pass, and was escorted out of the workplace. However, based on his view the conference was "flawed" and the Commissioner was biased, the employee refused to sign the deed of release...
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