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An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.

Describing the disciplinary process as "a moving feast of allegations, statements and observations", Commissioner Sharon Durham said it would have been "extremely difficult" for the employee to know exactly what he was responding to.

Unitywater sacked the sampling officer in January this year, over the way he reacted when a much younger probationary colleague was promoted to a senior position that he had also applied for.

In the lead up to his dismissal, the employer's HR business partner sent him an allegations letter accusing him of engaging in intimidating and unprofessional conduct...