| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct – Sexual harassment – Applicant dismissed following investigation into allegation removed wood from premises without respondent’s consent - Authority granted interim reinstatement on garden leave in CA 72/09 – Following applicant’s dismissal, co-workers brought to respondent’s attention allegations of sexual harassment and that applicant took second load of wood - Applicant dismissed second time – Applicant removed wood from site – Applicant claimed agreed with co-worker (“B”) to pay for wood on return to work - B claimed no such agreement and advised applicant to obtain consent from General Manager (“M”) – Applicant dismissed for serious misconduct – Authority found even if applicant’s evidence preferred over B’s, was high risk to remove wood without clear agreement from employer, nor documented evidence of approval – Found respondent made importance of rules clear to applicant on numerous occasions – Authority preferred B’s evidence of no agreement – Found first dismissal decision of fair and reasonable employer - Found proper investigation conducted – Dismissal justified – Following first dismissal, five female co-workers complained of unwanted contact with applicant – Applicant dismissed during interim reinstatement - Authority found applicant had no difficulty responding to allegations so complaints not too general – Found M interviewed complainants and witnesses, considered complaints made to previous owners of business and gave applicant opportunity to respond – Applicant did not deny conduct, but argued was innocently intended – M concluded sexual harassment occurred - Authority found M’s decision that of fair and reasonable employer following proper investigation – Co-worker also alleged applicant took second load of wood on different occasion – M considered corroborative evidence and concluded applicant’s explanation not credible and allegation made out – Authority found available for respondent to conclude applicant committed serious misconduct because of several proven examples of sexual harassment and another case of removal of firewood without proper authorisation – Found each inquiry fair, careful and measured – Found dismissal available penalty – Second dismissal justified |