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Employer's defence of misconduct dismissal was 'exercise in churlish futility'

An employer has to pay nearly $45k in compensation to an employee it sacked almost immediately after she gave a "sharp and defiant" response to its criticism.

The employee's "in the moment" reaction needed to be considered in the broader context of events in the months preceding her dismissal, Fair Work Commission Deputy President Gerard Boyce noted.

Aditum Lawyers sacked the full-time senior associate for serious misconduct in July last year.

In unfair dismissal proceedings, the Commission heard that following a heated exchange with the employee in April 2025, the employer's director told her to "take some proper time off" and "do some deep self-reflection and analysis"...

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