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Risk of psychological harm justified summary dismissal

An employee has been chastised for "grasping at excuses for his unacceptable conduct", with the Fair Work Commission accepting he posed a "serious and imminent risk" to workplace health and safety and was fairly sacked.

While the employee described some of his behaviour as "banter" or "very harmless", Deputy President Bryce Cross said he appeared to tailor his evidence "to present as favourable a factual scenario as possible".

The Nigwil Cellars shop attendant was summarily sacked in April this year for serious misconduct, and he subsequently claimed unfair dismissal.

The Commission heard that throughout his 14-month tenure, the employee had made inappropriate remarks to customers and co-workers. These included: repeatedly commenting in a demeaning manner about a co-worker's body odour; asking a female customer, who was holding a bottle of vodka, if she was going to "neck that right now"...

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