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Sacking employee over "extremely inappropriate" gestures was fair
Despite suspecting an employee intended "two extremely inappropriate gestures" as jokes, the Fair Work Commission has ruled they justified his dismissal.
The train driver maintained he had in fact been performing an "all clear" hand signal, but Deputy President Bryce Cross rejected this, finding his evidence was at times disingenuous and fanciful.
Pacific National Services sacked the employee in May last year for serious misconduct, after finding he made a Nazi salute gesture on two occasions from the Mittagong station platform.
In unfair dismissal proceedings, the Commission heard that on 6 March, the employee gestured towards the drivers of an Aurizon and SCT Logistics service, respectively...
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