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Procedural failure made "offensive" worker's dismissal unfair

An employer's "absolute failure" to disclose its reasons for sacking a "disruptive" employee has foiled its unfair dismissal defence.

In May last year, the Visco Foods brand ambassador was sacked for serious misconduct that comprised: sending a colleague a "very arrogant and abusive email"; insulting and threatening another colleague; failing to comply with an ordering policy; and working for other employers.

In unfair dismissal proceedings, the Fair Work Commission heard the employee emailed a colleague in December 2020 stating, "Don't ever talk to me, Don't ever email me, Cause your nothing, And yes your useless, And a suck arse (sic)"...

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