Employee claims ignorance of policy after making inappropriate and sexual comments

The FWC also valued the employee’s long service record and the unique employment situation on Christmas Island. The Commissioner noted:

“Given this, (the worker’s) employment prospects may be limited to blue-collar jobs and it is likely that (the worker’s) age may play a factor in (the worker’s) attempts to find work, even if this factor is maybe not that important. openly acknowledged.”

Taking into account the limited labor market on Christmas Island, the FWC noted that a search for vacancies revealed only five vacancies, most of which required skills beyond the employee’s experience.

Is this a ‘hard’ dismissal?

The FWC found that, although there was a valid reason for dismissal, the dismissal was harsh and unjust taking into account all the factors. The Commissioner explained:

“I have concluded that, despite the valid reason for the termination, (the employee’s) dismissal was nevertheless harsh and unjust.”