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An imperfect disciplinary process and differential treatment of an employee didn't undermine an employer's valid reason to sack her for misconduct, but the Fair Work Commission has nonetheless ordered her reinstatement.

The employee's comments about a superior breached a workplace policy, however her long tenure and the dismissal's "profound" impact on her rendered the employer's decision harsh, Deputy President Abbey Beaumont found.

National Jet Express dismissed the pilot in May last year, after it substantiated an allegation that she had made disparaging comments about her superior, the head of flying operations.

Specifically, it found that during a conversation with a colleague in March, the employee said the superior: hated women; was clearly having marital problems; and was obviously fighting with his wife. Further, it found the employee said a union member agreed with her statements...