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A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.
The employer's process for issuing warnings was "akin to treating the [employee] as 'guilty until proven innocent'", Fair Work Commission Deputy President Ian Masson found.
The Safety Xpress warehouse and manufacturing assistant was sacked in October last year for misconduct, and he filed an unfair dismissal application.
The Commission heard that in August, the employer's people and culture manager had issued the employee a written warning about his conduct and failure to follow directions – specifically his repeated refusal to hang a whiteboard. The warning invited him to a meeting and advised that any further misconduct could result in the termination of his employment...
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