This content requires HR Daily Premium membership. Log in below or sign up here.
The Federal Court has rejected a senior HR business partner's latest challenge regarding his serious misconduct dismissal, after two Fair Work Commission decisions upheld it as fair.
Neither the primary unfair dismissal ruling nor the full bench's subsequent decision were affected by jurisdictional error, Justice Michael Wheelahan found.
As reported by HR Daily in August last year, FWC Deputy President Ian Masson found Stantec Australia had two valid reasons for sacking the HRBP: he had inappropriately sought to contact a female coworker after she made a sexual harassment complaint against him; and he fabricated a text message from the coworker to himself for the purpose of discrediting her.
The Deputy President acknowledged the HRBP wasn't notified of these reasons prior to his dismissal and therefore didn't have an opportunity to respond, but he found the HRBP's serious misconduct "comfortably outweighed" these procedural failings.
The HRBP sought to appeal, but a full bench refused to grant him permission...
Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.
Sign up now for all the benefits of HR Daily Premium membership.
HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:
Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more