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ARTICLE · 19 MAY 2019

Argument with volatile colleague no reason for dismissal

Cooper Grace Ward
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Employers should still be careful before using a new incident as justification to terminate an individual's employment.

AustraliaEmployment and HR
Annie Smeaton
Annie Smeaton
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In Lorraine Roche v Trustees of the Roman Catholic Church for the Diocese of Wagga Wagga [2018] FWC 3933, a diocese was ordered to reinstate a school officer, Ms Roche, after she was dismissed following a heated argument with a colleague who was known to be 'predictably volatile'.

FACTS

Ms Roche and her colleague, Ms Culla, had a 'problematic working relationship'. Both had previously made formal complaints about each other. In an attempt to resolve the issues between them, the Diocese initiated numerous meetings and discussions. Ultimately, both employees received a formal warning from the Diocese in 2017 and were told that any future incidents between them could affect their ongoing employment and might result in their dismissal.

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