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An employee's misconduct didn't involve "innocuous indiscretions", as he claimed, but rather a pattern of inappropriate and careless behaviour, the Fair Work Commission has ruled in unfair dismissal proceedings.

However, although the employee also showed "little insight" into his actions, Deputy President Nicholas Lake found the employer's "rushed and appended disciplinary process" was unreasonable, rendering the dismissal unfair.

The employee was a master for SeaLink Whitsundays, responsible for safely operating its wildcat vessel. He was sacked in June last year for acting "inappropriately and negligently", after guests and crew members reported observing him: sleeping on the vessel and audibly snoring; vaping on board, against policy; using his phone when he was meant to be watching snorkelers; throwing food waste into the water near guests; and allowing unqualified deckhands to take the helm.

The employee argued this conduct amounted to "a number of rather innocuous indiscretions", and that termination was a disproportionate response...