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Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.

"There is nothing wrong with being sex positive. However, there is a time and place to be discussing your sex life, and the workplace is often neither unless there is positive evidence that it is acceptable," Commissioner Pearl Lim said.

In May this year, equipment supplier Mettler Toledo sacked the scheduling assistant for serious misconduct, after three female colleagues complained about his repeated sexualised language and offensive behaviour.

They gave evidence that he told them: he and his wife had a polyamorous relationship and were into "partner swapping"; he would attend live-action role play events, and he found it "so f-cking hot" when his wife dressed up as a nurse; and scratches on his body were from a "friend" at a sex party...