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GM unfairly sacked for "presumption" of deliberate misconduct

The Fair Work Commission has criticised an employer's "awkward attempts" to retrospectively justify its hasty exit of a general manager, who was presumed to have engaged in fraudulent conduct.

Acknowledging "some misgivings" about how the GM handled assigning a job and new classification to his partner, Commissioner Trevor Clarke said: "I think the better view is that it was a poor judgement call."

Accommodation and hospitality company Hotham Operations summarily dismissed the GM of its Dinner Plain Alpine Resort in December last year.

In unfair dismissal proceedings, the employer told the Commission the GM had incorrectly reclassified his partner when assigning him a new role, resulting in the partner being overpaid, and that the GM had attempted to conceal this...

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