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Dismissal ruled out due to flaws in "she said, he said" investigation

A conclusion that an employee inappropriately touched a colleague was undermined by investigation flaws and "some inconsistencies" in the evidence, a commission has ruled.

This was a "quintessential example of a 'she said, he said' case", Queensland Industrial Relations Commissioner Peter O'Neill noted, and he ultimately wasn't satisfied that the incident occurred.

In mid-2022, Queensland Corrective Services received a sexual harassment complaint against the custodial correctional officer, but an investigation found in May 2023 that it couldn't be substantiated.

A few months later, the decision-maker (the deputy commissioner of custodial operations) told the employee he didn't agree with the investigation findings. He suspended the employee from duty and asked him to show cause regarding two "reframed" allegations...

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