In Blackford v Bamboo Direct Pty Ltd [2011] FWA,Fair
Work Australia (FWA) held that an employee's conduct
constituted a valid reason for dismissal but that it was
'harsh' for procedural reasons.
Ms Blackford, the employee, had a history of conflict within the
company and had, shortly before the critical event, been demoted
from her position as Administration Manager by the Managing
Director, Mr McHeyzer.
Mr McHeyzer later became aware of a conversation Ms Blackford
had had with the lady who was due to take over her previous role
(Ms Lia). During that telephone conversation, Ms Blackford was
highly critical of Mr McHeyzer, complained to Ms Lia about her
taking over her job and indicated that she would not cooperate with
Ms Lia when she took up her position.
