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Worker dismissed over insult, not to avoid redundancy pay

An employer wasn't trying to avoid making an employee redundant when it dismissed him for calling his manager a "pr-ck" and accusing him of "lying in front of God", the Fair Work Commission has found.

The Gasweld sales team member was sacked in January this year for being verbally abusive and aggressive towards the store manager, however he told the Commission the employer had been trying to "get rid of him" to avoid a redundancy payout.

In unfair dismissal proceedings, he claimed that in December the manager told him the store's poor turnover would likely result in layoffs, and that because the employee was the last person to join the employer, and due to his age, "he would be the one to go"...

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