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Misconduct sacking wasn't 'retaliation' for workplace complaint

Dismissing an employee for misconduct wasn't a "retaliatory response" to his workplace complaints, the Fair Work Commission has ruled.

"While, in some cases, it may be that a complaint is the catalyst for a retaliatory response, couched as 'performance' issues, there is no evidence of that here," Commissioner Julia Fox found.

DNA Construction sacked the site supervisor in February last year. He subsequently claimed unfair dismissal, arguing the employer's actions were part of a "witch hunt" prompted by a complaint he made in May 2023...

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