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Employer not required to mediate despite "clear animosity" between workers

An employer's failure to intervene with mediation in a workplace conflict that culminated in an employee's sacking didn't make his dismissal unfair, a commission has found.

In unfair dismissal proceedings, the NSW Industrial Relations Commission heard the Waverley Council resource recovery team member was sacked in December last year for two incidents of misconduct towards the colleague, who also acted as a relief supervisor on occasion.

The employee, who drove a general waste truck, claimed his dismissal was unjust and unreasonable because: he wasn't guilty of the misconduct alleged; the employer failed to undertake a "thorough and fair" investigation; and it didn't initiate mediation between himself and the colleague, who had been bullying and harassing him at work...

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