WA Racist Comment at Work - Gross Misconduct Under Employment Law?

Discussion in 'Employment Law Forum' started by Mate, 4 January 2019.

  1. Mate

    Mate Well-Known Member

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    Thanks very much Rob. That was a good example:).

    A couple of questions if you wouldn't mind:

    1. From your own experience, what would be the appropriate disciplinary outcome in this particular example?
    2. Hypothetically speaking, let's say the individual was terminated. The individual is on 150k+ salary and not covered by an agreement or award hence is excluded from lodging an unfair dismissal claim to FWC. Can they still take company to court for an unfair dismissal?

    Many thanks.
     
  2. Rod

    Rod Lawyer
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    Again not so simple. BTW I also like @Rob's analogy.

    1. Would need to see the minutiae of the facts before forming an educated opinion. Could go either way. With the limited information I have, a warning doesn't seem unreasonable.

    2. Yes, it may be the person is covered by a modern award or EA. But a good lawyer will consider wrongful dismissal as well which bypasses the Fair Work Act restrictions.
     
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  3. Rob Legat - SBPL

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    Rod's correct, it would depend on a consideration of all the relevant factors.
     
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  4. Mate

    Mate Well-Known Member

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