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Fair to sack employee who "openly defied" performance directions

An employer was entitled to summarily dismiss an employee who "openly defied" its reasonable directions and refused to participate in a performance plan, the Fair Work Commission has found.

The Momentum Energy employee claimed her dismissal in March this year was unfair, but the employer denied sacking her, arguing it had instead accepted the repudiation of her employment contract. Alternatively, it said any dismissal was valid and fair.

The Commission heard that late last year, the employer received several complaints from other workers about the employee's "rude and intimidating" behaviour. It also had concerns about her refusal to work in the office as directed...

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