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In "blindly" accepting an employee had verbally harassed colleagues, an HR manager unfairly deprived her of the opportunity to defend herself, the Fair Work Commission has ruled in awarding her $26k for unfair dismissal.
Deputy President Judith Wright criticised the HR manager's failure to undertake a proper investigation, which would have revealed that a colleague had "pressured" two other workers to complain about the employee.
Workplace drug and alcohol testing provider First Choice Diagnostic sacked the collector in October last year, after the three colleagues complained about her behaviour.
In unfair dismissal proceedings, the Commission heard that the first complainant accused the employee of swearing and smoking on site, harassing and disrespecting the two other workers, and potentially taking drugs. She pointed out the employee had recently complained about her, and said it was "disheartening" to see their interactions "twisted".
The HR manager stood down the employee without pay later that day, pending an investigation into these allegations...
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