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Summary dismissal for failing to wear mask correctly was harsh

A previously lenient response to incorrect mask-wearing didn't prevent an employer from later taking "firm and fair disciplinary action" against an employee, but her summary dismissal was nonetheless harsh, the Fair Work Commission has ruled.

In December 2021, an inspector auditing a Menarock Aged Care Services facility saw the food services assistant and a colleague crossing a corridor with their facemasks pulled down.

In a subsequent disciplinary meeting, the employee said she'd lowered her mask to speak to a resident who was hard of hearing and had forgotten to pull it back up. She said the breach was not deliberate and apologised.

Two days later the employee was summarily dismissed for failing to wear a mask safely, putting other staff and residents at risk...

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