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Dismissing employee for "intimidating" message was valid, but harsh: FWC
An employee who "intimidated" another worker into taking a "sickie" during industrial action has been awarded $65.6k in compensation after the Fair Work Commission found his dismissal was harsh.
Deputy President Abbey Beaumont found that while the employee's conduct provided a valid dismissal reason, his 20-year tenure and unblemished performance record rendered the termination "disproportionate" to his actions.
The general service operator lead was employed by Santos WA Energy on Varanus Island (VI) until he was sacked in January this year for sending a text (in the prior September, during a period of industrial action) to a third-party contractor that said: "ARE YOU SERIOUSLY CONSIDERING GOING TO 'VI' DURING PROTECTED ACTION. Support the boys and take a sickie"...
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