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Mine Worker Sacked For Sexual Harassment Loses Unfair Dismissal

Mine worker sacked for sexual harassment loses unfair dismissal

A mine worker sacked for sexually harassing two young female colleagues has lost his unfair dismissal claim.

The Fair Work Commission found the man’s behaviour amounted to serious misconduct, making his termination from employment fair and reasonable.

The first incident

The 58 year-old man worked as a service technician at BHP’s Yandi mine site in Western Australia since 2018. 

At the end of a shift in January 2021, he grabbed a 21 year-old cleaner in an on-site tavern as she walked to the bar.

He hugged her and then whispered in her ear: “I’m going to fuck you so hard”.

The young cleaner pushed the man away and told her co-workers what had happened as soon as returned to her table.

Although the incident made her feel “very uncomfortable”, she decided not to make an official complaint at the time.

She told the Commission that she thought the behaviour might not be taken seriously as “he had not tried to rape her or anything like that”.

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