[2025] FWC 3290
Citation: [2025] FWC 3290
What happened
Alexander Pushik was employed by Woolworths Group Limited from 2008 until his dismissal on May 8, 2025, when he was working as a Fruit and Veg Manager. He was dismissed due to alleged serious misconduct, specifically sending sexually suggestive messages to a colleague, Ms Ghimire, between March 30 and April 7, 2025. Pushik argues the messages were friendly and similar to those he sends to others. Following his dismissal, Woolworths discovered further conduct supporting the allegations. Pushik claims the dismissal was unfair, citing procedural fairness issues, including not knowing the purpose of a meeting with a Store Manager and initially being denied a support person.
What was decided
The Fair Work Commission found Alexander Pushik’s dismissal was not harsh, unjust, or unreasonable and dismissed his unfair dismissal application. The Commission noted Pushik admitted to sending the messages and that Woolworths had a valid reason for dismissal based on his conduct and breaches of workplace policies. The Commission also granted Woolworths permission to be represented by a lawyer due to the complexity of the matter. The Commission determined Pushik was protected from unfair dismissal, but ultimately found his dismissal was not unfair.
What it means for employers
Employers should ensure clear and consistent application of workplace policies, particularly regarding sexual harassment. Investigations should be conducted fairly, providing employees with adequate information and opportunities to respond to allegations. Thorough documentation of investigations and disciplinary processes is crucial. Training on workplace policies, including respectful workplace conduct, should be regularly updated and reinforced.
What it means for employees
Employees should be aware of workplace policies regarding appropriate communication and conduct. If facing disciplinary action, employees should seek clarification regarding the allegations and request support if needed. Understanding your rights and the process for unfair dismissal claims is important.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3290.pdfWant more cases like this?
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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 →