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Employer loses appeal against reinstating worker sacked for bad behaviour

An employer has lost its appeal against reinstating an employee sacked for inappropriate conduct, after failing to convince a Fair Work Commission full bench that more regard should have been had to his impact on female colleagues.

This argument was among the employer's "numerous and lengthy" appeal grounds, but Deputy President Alan Colman found the initial ruling didn't "manifest an injustice, either in respect of the merits or the remedy".

However, he noted that this didn't mean "different individual or overall conclusions could not reasonably have been reached", in particular regarding a finding about a female colleague who requested not to be rostered with the employee...

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