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An employer has successfully defended an unfair dismissal claim despite its "woeful" harassment investigation, with the Fair Work Commission finding its procedural flaws were outweighed by the gravity of the employee's conduct.
Making her own assessment of the evidence, Deputy President Judith Wright said she was "comfortably satisfied" the employee had engaged in unlawful sexual harassment.
"Although I have found that there were a number of aspects of the disciplinary procedure that were unfair, these matters do not disturb my findings that there was a valid reason for the dismissal."
Management and Training Corporation Pty Ltd summarily dismissed the correctional officer in September last year, after an internal investigation found he had sexually harassed a colleague at the Parklea Correctional Centre...
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