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It was fair to sack an employee whose workplace complaints were so unreasonable and persistent that managing them required another worker's almost full-time dedication, the Fair Work Commission has ruled.
"There is absolutely no question that employees have the right to make complaints," however it is not acceptable to engage in "persistent complainant conduct", said Deputy President Lyndall Dean.
In December 2024, the Commonwealth Department of Health, Disability and Ageing issued the compliance evaluator with notice that he was suspected of breaching its code of conduct.
The notice set out 20 pages of misconduct allegations, citing the employee's "large number of complaints", and his grievances about the employer's management of these complaints.
After providing his response to the allegations, the employee was dismissed in May 2025, with five weeks' pay in lieu of notice...
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