Log in or become a subscriber

An employer has been cleared to investigate an employee's out-of-hours conduct, after the Fair Work Commission accepted it held genuine concerns about suffering reputational harm.

The employer's evidence showed it had "at least a bona fide apprehension or worry" about the employee's "private activities" impacting her work, Deputy President Kamal Farouque said, and he rejected that her "work" was restricted to the particular tasks she performed.

The case involved a patient transport and booking coordinator at St Vincent's Hospital Melbourne, who was notified in July last year that she was the subject of a serious misconduct investigation.

The employer said a post on X had identified her as participating in a "violent protest" four days earlier, where her behaviour included entering an Israeli restaurant and chanting "Death to the IDF" while "hurling chairs, glasses, and food, and smashing a front window". The post also identified her as an employee of the hospital, it alleged...