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Failing to disclose criminal charges for out-of-hours conduct in a "timely manner" wasn't a valid reason to dismiss an employee, the Fair Work Commission has found, even though his dishonesty undermined the employer's trust and confidence.

The employer's code of conduct might be "a laudable aspiration", Deputy President Peter O'Keeffe said, but it couldn't seek to enforce it outside of the workplace except in limited circumstances.

Queensland Rail Transit Authority sacked the tutor driver in July 2025 for breaching its code of conduct. Specifically, it found the employee's three criminal convictions brought its reputation into disrepute, and that he'd acted dishonestly.

In unfair dismissal proceedings, the employee told Deputy President O'Keeffe that he delayed informing his employer about the charges due to his vulnerable mental state at the time, but disclosed them after spending time in rehabilitation, and on the basis of legal advice...