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"Troublemaker" wins reinstatement after "farcical" dismissal process

A large employer's "enthusiasm" to sack an employee causing "considerable angst" at work resulted in a severely flawed process, the Fair Work Commission has ruled.

In April this year, the Cleanaway driver had two short phone calls related to his 99-year-old mother's health condition, while operating a rear loader vehicle.

A manager happened to see him talking on his phone while driving and reported it to a regional manager. Based on the truck's CCTV footage the matter was referred to a senior HR business partner, who recommended the employee be stood down for breaching a 'lifesaving rule'.

A few days later, an HR officer spoke to the employee about the incident and that same day completed her investigation report, which was sent to two more superiors, before being forwarded with recommendations to the chief people officer, who confirmed the employee should be dismissed...

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