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"Thuggish" employee's "vile" posts weren't misconduct

An employee's "vile and racist" social media posts were anonymous enough not to be a sackable offence, but his "violent takedown" of another person warranted his dismissal, the Fair Work Commission has found.

The Victoria Police senior custody officer was sacked for misconduct in February 2021, after an investigation found he: used excessive force against a person in custody; failed to take reasonable care for their health and safety; and wore an inappropriate face mask at work.

In unfair dismissal proceedings, the employer relied on two further allegations – discovered after it sacked the employee – namely, another instance of excessive force, and "several concerning and inappropriate Facebook posts" he had made during his employment...

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