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Resistance to HR manager's directions justified dismissal

It was fair to dismiss an employee whose relationship with a new HR manager "deteriorated" to the extent that he failed to follow her lawful and reasonable instructions, the Fair Work Commission has found.

The Meedac Incorporated employee had been running its Inspirations Motel in Mullewa, Western Australia for three years when, in April 2021, an HR manager was recruited, Deputy President Abbey Beaumont heard.

According to the HR manager, the motel was struggling to retain new staff, who cited not being able to work with the employee as their reason for leaving. She said the employer hoped a fresh set of eyes would get things on track.

In June another new, Indigenous worker resigned. The HR manager said the employee's response to the news was, "that kind don't last long". After meeting with the worker, who claimed the employee had yelled at her in front of customers and made racist jokes about her, the HR manager approached the employee to discuss his behaviour...

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