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'Protracted absence' and 'vitriolic' tweets warranted sacking

An employer was not required to put the interests of an employee "ahead of all others", in engaging in mediation to help him return to work after an 18-month absence, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.

The Commission also found the employee's "highly partisan" social media posts added to the validity of his dismissal, which occurred in September last year, as they risked the employer's reputation and displayed political bias.

The Wage Inspectorate Victoria officer claimed it was unfair to dismiss him for being unable to perform the inherent requirements of his role, as the employer had failed to follow medical advice regarding mediation to deal with his workplace safety complaints, some of which contributed to his incapacity for work.

But the employer argued it would have been unreasonable to participate in any mediation about these matters, as they hadn't been substantiated. It also said the employee's public statements on Twitter (now X) breached its code of conduct and made his dismissal fair...

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