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"Heated" exchange about insubordination wasn't a dismissal

A "heated discussion" with an employee about his failure to follow instructions did not amount to a dismissal, the Fair Work Commission has found.

MI Scaffold objected to the scaffolder's general protections application on the basis that it hadn't dismissed him, rather he had abandoned his employment.

The employee claimed that he was sacked in November last year because he sent the operations manager and HR administrator several text messages regarding personal protective equipment.

Following this, the site supervisor told the employee to raise any issues with him first, and if he wasn't satisfied with the response, he could then contact "the office", the Commission heard...

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