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Lawyer challenged by deadlines denied leave to appeal misconduct sacking

An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.

The lawyer, employed by Mens Legal Service Limited, was dismissed in February this year for reasons that included:

  • misallocating time in the employer's system;
  • failing to follow a direction during an investigation into her conduct;
  • falsely claiming personal leave; and
  • using inappropriate language and yelling at an opposing practitioner.

In unfair dismissal proceedings, Commissioner Bernie Riordan was satisfied that the employer had multiple valid reasons to sack her, and said he was most concerned by her "gaming" the employer's timekeeping system to secure a financial gain for a colleague...

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