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An employer acted lawfully in refusing to offer further shifts to an employee, who was accused of at least 10 separate instances of poor performance or misconduct in the space of a month, the Federal Circuit Court has ruled.
Judge Caroline Kirton found the employee denied every single allegation against him and instead attempted to deflect to other colleagues' workplace failures, despite the employer providing "credible" proof to support its concerns.
The Court heard that in late 2018, Victorian YMCA Community Programming received numerous complaints from staff and patrons of the Dandenong Oasis Leisure Centre, where the employee worked as a casual duty manager and lifeguard, regarding his workplace conduct...
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