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An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".

Deputy President Alexandra Grayson found that, although he denied it, the decision-maker approved the termination, "without critically assessing whether [the employee's] conduct justified his dismissal or breached the relevant policies relied upon".

"This was a serious failure on behalf of the [employer]," she said.

Amazon Commercial Services Pty Ltd had employed the technician at its Kemps Creek fulfilment centre since 2021, and sacked him in September last year for misconduct.

In unfair dismissal proceedings, the employee didn't deny engaging in most of the alleged conduct, but he argued that it didn't warrant termination. He also contended the employer's investigation and decision-making process was "devoid of procedural fairness"...