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"Robust" respect training helps employer defend unfair dismissal claim

Sacking an employee for making inappropriate comments over a work radio wasn't unfair, the Fair Work Commission has ruled.

Rather, the employee's "egregious" comments were a valid dismissal reason, and the fact he'd recently received training weighed against it being harsh, Deputy President Terri Butler said.

Jellinbah Mining issued the employee a termination notice in May last year, alleging he'd breached its code of conduct, specifically regarding harassment and psychosocial safety, and its two-way radio standards.

The same day, a person assisting him asked for permission for him to resign, which he then did.

The employee then claimed unfair dismissal, and the employer raised a jurisdictional objection...

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