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Dismissal for out-of-hours harassment upheld as fair

Employees should be on notice that their "social" behaviour will attract greater scrutiny and face higher standards than in the past, the Fair Work Commission has ruled in upholding a dismissal for harassment.

In April last year, Westpac dismissed the senior relationship manager, who had 35 years' service, following an investigation that found he'd inappropriately touched a female colleague at an offsite social event, and had verbally abused another later on.

The employee claimed unfair dismissal, telling the Commission he was "shattered" by the allegations, as he had no memory of the first incident and only some recollection of the second.

He also said that because the conduct occurred late at night in his personal time, it had no connection to work and couldn't form a valid dismissal reason...

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