This article considers the decision of Fair Work Australia (“FWA”) in Graham v Bankstown District Sports Club Ltd [2012] FWA 7977 to dismiss Mr Graham’s application for unfair dismissal remedy.
Mr Sammour complained to his Employer, Bankstown District Sports Club (“the Club”) that Mr Graham made unwelcome and unwanted remarks about Mr Sammour (while in his presence), saying that he was a virgin and that he was gay. Mr Sammour also gave evidence that Mr Graham singled him out in work tasks and used an aggressive tone when speaking to him.
The Club investigated the complaint and in March 2012, Mr Graham was dismissed from his part-time role as a Sommelier (the head wine steward) by the Club on the grounds of sexual harassment and bullying of a coworker in contravention of the Club’s Code of Conduct and antibullying policies.
The matter was heard by FWA in September 2012 where those allegations were considered in light of the Fair Work Act 2009 (Cth) (“the Act”).
During the hearing Mr Graham claimed that Deputy President Booth (“the DP
