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Grabbing an Employee and Sexually Propositioning her was Valid Reason for Dismissal

Grabbing an Employee and Sexually Propositioning her was Valid Reason for Dismissal
The Fair Work Commission dismissed a former Calvary Hospital office worker’s application for an unfair dismissal remedy. 
Andrew Powell commenced employment with Calvary Public Hospital in an administrative role in September 2014. On 26 May 2016, Mr Powell was suspended without pay pending an investigation into allegations of serious misconduct. 
It was alleged that Mr Powell physically assaulted Ms Hacker, by “forcefully grabbing her by the arm and subsequently placing his hands on her hips and propositioning her by suggesting that they ‘catch up’ on the weekend.” On 9 June, Calvary Hospital appointed  an external investigator to consider the allegations. 
The investigation determined that there was enough evidence to form the opinion that Mr Powell sexually harassed Ms Hacker by subjecting her to unwelcome conduct of a sexual nature. Further, it was found that Mr Powell’s conduct breached Calvary Health Care A.C.T.’s Code of Conduct, Calvary Health Care’s Workplace Behaviour Policy and Procedure and section 9(f) of the Public Sector Management Act 1994.

Mr Powell was issued with a show cause letter and provided with an opportunity to respond. On 5 August 2016, Mr Powell’s employment was terminated.
Deputy President John Kovacic found, on the balance of probabilities, Mr Powell did engage in serious misconduct by grabbing and propositioning Ms Hacker. This supported the finding that there was a valid reason to terminate Mr Powell’s employment. Deputy President Kovacic concluded that Mr Powell’s dismissal was not harsh, unjust or unreasonable and dismissed the application.
This is an example of how an investigation can ensure you have the evidence to back up your decision to dismiss and employee.  Australian workplace Training & Investigation (AWPTI) can assist with investigation services, the cost of an investigation will in many cases be far the less than the cost of not doing one and the cost of the stress of having to defend your actions without evidence
AWPTI - workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide


Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations
www.awpti.com.au
http://awpti.com.au/investigations/




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Location: Sydney NSW, Australia

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