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'Open criticism' of employer didn't warrant summary dismissal

An employee should have addressed her workplace frustrations internally instead of "openly criticising" her employer to a competitor, but her summary dismissal was unfair, the Fair Work Commission has ruled.

In July this year, the Your Community Care disability support worker was told by a director that it was going to stop supporting a client with whom she spent most of her time.

A few days after the employer's decision, the employee had a conference call with the director's personal assistant and a Resolute Support rostering clerk to discuss who was covering one of the client's shifts.

At the end of the discussion the employee, thinking she had removed the personal assistant from the call, said to the rostering clerk words to the effect of: "She is really annoying me." The employee also said the way in which the employer was dealing with the rostering matter was "embarrassing", "unprofessional" and "ridiculous"...

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