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Director acted as "judge, jury and executioner"; dismissal unfair

An employer was entitled to dismiss a worker for her "belligerent and disrespectful behaviour", but it denied her procedural fairness when one person acted as "judge, jury and executioner" during the disciplinary process, the Fair Work Commission has ruled.

An independent third party should have investigated the finance and office manager's behaviour, rather than the employer's executive director, who was both a witness and complainant, it found.

The Environment Centre NT dismissed the employee in July last year for failing to follow lawful and reasonable directions, and for being absent when she was responsible for completing several time-critical tasks, which it said threatened its ability to comply with legal requirements regarding audits, workers' compensation, and other issues.

In unfair dismissal proceedings, the employer said its decision followed a series of incidents that began with the employee sending a "rude, obstructive and aggressive" response to an email about fuel cost reimbursements...

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