The Workplace Relations Commission found a chef’s dismissal unfair, but made no award after finding his conduct significantly contributed to his dismissal. The decision was dated 25 November 2022.
The hotel said it dismissed the chef for gross misconduct after he urinated in a food storage area. He did not contest the facts of the incident and argued that the employer had skipped progressive disciplinary steps.
The WRC found substantial grounds to treat the conduct as serious misconduct, given the chef’s food safety responsibilities. It also found the procedure unfair because he was not given the investigation outcome before the disciplinary hearing, did not receive a full appeal hearing and there was uncertainty about who made the dismissal decision.