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The Fair Work Commission has considered in detail what constitutes sexual harassment, and what doesn't, in upholding the dismissal of an employee who denied his messages about "love" and requests for a date had any sexual element.

Deputy President Alexandra Grayson accepted none of the employee's conduct was overtly or explicitly sexual in nature, but she found it all occurred in the context of his "unrequited desire to enter into a romantic relationship" with a much younger colleague.

The 63-year-old employee had worked for Woolworths in various positions since 2008 and was the fruit and veg manager at one of its stores when, in April 2025, his 28-year-old colleague complained about a series of messages she'd received from him.

In a meeting, the employee confirmed he'd sent seven messages to the colleague between 30 March and 7 April. The first three were emojis (a red lipstick kiss, thumbs up and two people kissing), while in another two he said "I love you" and "Do you love me"...