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An employee who allegedly made inappropriate comments to a member of the public and touched her hair has failed to prove her accusations were so vague as to render his dismissal unfair.

The complainant, an after-school-care worker, said she was waiting at a crossing on Friday 12 March 2021 when the Darebin City Council school crossing supervisor commented on her new hairstyle. He asked to bounce one of her curls and, though uncomfortable, she didn't object. He then proceeded to touch her hair and look at her chest.

The employee then asked her what she was doing on the weekend. When she mentioned gardening he said, "Oh yeah you're a dirty girl aren't you? I bet you like to get your hands dirty don't you?" She laughed off the comment and walked away, but three days later she filed a formal complaint with his employer.

Following an investigation, which substantiated the findings, the employer invited the employee to show cause as to why he shouldn't be dismissed. He claimed the investigator had spoken over him and said the allegations lacked detail, but the investigator argued otherwise, and the employee was sacked...