ARTICLE · 13 NOVEMBER 2011

Dismissal upheld despite procedural flaws

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Unfair dismissal claim upheld despite the applicant's claim that he had not been accorded procedural fairness.

AustraliaEmployment and HR

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James Pritchard v Timberglen Pty Limited t/as Mindarie Marina; Deputy President McCarthy – Perth, 12 September 2011

Mindarie Marina is a resort complex including a microbrewery and hotel trading under the name of the Indian Ocean Brewing Company (IOBC). The applicant was employed as the General Manager of the IOBC. His employment was terminated on 13 December 2010 with regard to his conduct with female staff as a person in authority.

The applicant challenged the termination on the basis that he had not been accorded with procedural fairness, as he had not been given the opportunity to respond to the allegations made against him. He also alleged that the respondent did not comply with their anti-harassment policy and procedure.

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