[2024] FWC 1368
Citation: [2024] FWC 1368
What happened
Dr Aleksander Owczarek 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 Dr Owczarek allegedly placed his hands on a colleague's hands and said 'I love you', and subsequent communications. Dr Owczarek 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 Dr Owczarek’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.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc1368.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted by AI 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 →