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GM's 'tone' constituted misconduct, but didn't warrant sacking

A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.

In unfair dismissal proceedings, the Commission heard Safiery Pty Ltd's CEO became concerned about the GM's performance late last year – particularly his failure to satisfactorily respond to customer queries – and as a result he twice asked the GM to call him every day, but he failed to do so.

In February this year, the GM attempted to log in to his work email and found his access had been removed.

When the GM asked about his disabled account, the CEO told him his contract had been terminated "effective immediately"; his dismissal letter stated his repeated "insubordination" and refusal to call the CEO daily left the employer with no other choice...

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