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It wasn't harsh or disproportionate to sack an employee who'd repeatedly been warned about starting work late and failing to show up for shifts, despite his claim that the final time was "a genuine mistake", the Fair Work Commission has found.
The employee had been contrite and accepted responsibility for his final act of misconduct, but Commissioner Adam Walkaden highlighted his six previous warnings in pointing out that "actions matter more than words".
At the time of his dismissal in December 2025, the employee was working for Internet Traffic Solutions Management as a contact centre operator for VIP clients on a gaming platform.
Over the preceding 21 months, he had received misconduct warnings for: being late to his night shift without prior notification, after oversleeping (twice); failing to attend work and seeking to use personal leave, on a day when he was at a music festival...
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