[2024] FWC 1368
Citation: [2024] FWC 1368
What happened
The Applicant was summarily dismissed from his position at The University of Melbourne in December 2023. The dismissal stemmed from allegations of serious misconduct, including sexual harassment and inappropriate workplace behaviour dating back to 2019. These allegations involved a dinner where the Applicant allegedly placed his hands on a colleague's hands and said 'I love you', and subsequent communications. The Applicant contested the characterisation of these actions and maintained he complied with a 2021 directive to cease contact with the colleague. A formal investigation was launched in 2023 following a complaint from the colleague.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair. While some allegations of misconduct were partially sustained, the Commission noted a significant delay in conducting a formal investigation until 2023. The Deputy President considered the University’s policies and the applicant’s training. The Commission ordered reinstatement but not lost pay. The University’s case was based on breaches of the Appropriate Workplace Behaviour Policy.
What it means for employers
Employers should ensure prompt and thorough investigations of workplace misconduct allegations. Delays can undermine the fairness of disciplinary processes and potentially lead to unfair dismissal claims. It is also crucial to adhere to relevant policies and provide adequate training to employees, particularly those in leadership roles.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →