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Fair Work Commission decision on Toll Holdings worker dismissal

The Fair Work Commission has confirmed the dismissal by Toll Holdings of worker after receiving complaints from a co-worker of Afghani origin alleging he had been subjected to ongoing racial comments and cultural abuse in the workplace. Types of alleged comments The co-worker complained his colleague, Mr Johnpulle had made inappropriate comments to him over a period of around 15 months, including: Are you from the Taliban?; I enjoy seeing people having their hands cut off, do you enjoy that too?; Does Islam say to kill?; Discussion about 9/11 and Australian/US involvement in the Middle East. Toll’s decision to terminate Upon receiving the complaints from the co-worker that the comments had h

Recent Employment Law cases you may have missed

1. Employee sacked for bullying HR staff after demotion for racial abuse The Commission has endorsed the dismissal of a worker who had initiated a campaign of email harassment of HR staff who had been involved in his earlier demotion. The demotion followed an investigation into allegations the worker had called an Indian colleague “smelly” and had encouraged a co-worker to smell the colleague’s shirt. The Commission found the worker had been given repeated warnings his racial comments were unacceptable and been told to “grow up”. This case is a reminder to take firm, effective and timely action against staff for any racist comments. Ee v Endeavour Energy [2016] FWC 186 (10 March 2016) 2. B

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