Probationary employee's senior appointment surprises experienced team members
The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a 58-year-old sampling officer with 23 years of service who was terminated for alleged serious misconduct following his reaction to a colleague's promotion.
The case arose when the worker made various comments and engaged in conversations expressing displeasure about a 24-year-old probationary employee being appointed to a senior position above him and his colleagues.
The worker challenged his dismissal, arguing the investigation was flawed and his conduct did not constitute serious misconduct warranting termination.
The employer, a water authority, maintained that the worker's behavior constituted intimidation, discrimination, and workplace bullying that created safety risks and breached multiple policies requiring dismissal.
The worker was employed as a sampling officer in a team of seven, six of whom were male with an average age between 50-60 and significant service lengths with the organisation.
When a new senior sampling officer position was created and advertised internally, the worker applied along with two colleagues, expecting a more experienced team member to be successful.
The successful candidate was a 24-year-old employee still in her probationary period, having worked for only six weeks.
The worker maintained he believed probationary...
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