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Reinstatement ordered for employee who sent "inappropriate" messages

Sacking an employee seven years after he sent "intimate" messages to a subordinate was warranted, but his otherwise unblemished record made the dismissal harsh, the Fair Work Commission has found in ordering his reinstatement.

Deputy President Alan Colman found that regardless of when they were sent, the employee's messages were "highly inappropriate" and constituted serious misconduct.

But the fact his employment continued for so long without further complaint meant the employer had effectively provided an opportunity to show the misconduct was "isolated" and wouldn't recur, he said.

In mid-2017, the University of Melbourne professor and a student he was supervising began sending each other intimate texts and emails. Both had recently separated from their respective partners, and while the student told the employee she loved him, he indicated he did not feel the same way...

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