QLD Unfair dismissal?

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XYZ000

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17 October 2020
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Hi guys hoping you can give me some advice
A friend of mine was dismissed due to a harassment claim against them. But I’m not 100% sure that their actions would be deemed harassment. Should they proceed with legal action or just take it on the chin!
The version of events is that they made a comment to a that had straight hair in nature. The comment that was said to her are as follows:
“Stop don’t move you have a curl, it looks cute”
Do you think this grounds for dismissal?
In the 10 years of this person working for the company they sought to say this was strike 3 and had no other choice but to dismiss them.
I cannot comment on the other 2 strikes but I don’t believe they were harassment in nature.
Can you kindly provide some advice
 

Rod

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27 May 2014
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“Stop don’t move you have a curl, it looks cute”
This is an inappropriate comment for a colleague to make, and if it was the 3rd time for the same time thing then it is probably fair.
 

Tim W

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28 April 2014
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.......this was strike 3 and had no other choice but to dismiss them.
I have two observations.

The first is that three strikes rule, the way they seem to be putting it
(that is, that dismissal is compulsory), is not the law in Australia.
Sacking somebody is much more complex and facts-circumstances-and background dependent than that.
And is never compulsory.

My second is that everybody else in your workplace should join their union(s) immediately.
 
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Rod

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I agree with Tim.

The '3 strikes rule' is not an actual law, it is something HR people use to justify a dismissal if the dismissal is challenged. People can have 10 strikes and not be sacked.
 

Docupedia

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7 October 2020
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I agree with Tim.

The '3 strikes rule' is not an actual law, it is something HR people use to justify a dismissal if the dismissal is challenged. People can have 10 strikes and not be sacked.
As can be ‘one strike and sacked’, if the transgression is serious enough. The three strikes mentality is largely borne out of the concept that if you muck up three times the employer is on safer ground to terminate. That doesn’t always stand up and the particular situation with all its relevant criteria should be taken into consideration.