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An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.

In September last year, global contract research organisation PPD Australia dismissed the senior import/export coordinator for refusing to participate in a performance improvement plan that was initiated for repeated unsatisfactory conduct.

The employee told the FWC his dismissal was a result of bullying and retaliation by the employer's HR leader. He said he had done nothing wrong, and that the warning letter he received and subsequent PIP were a "set up" to make him resign.

But among the performance allegations, Deputy President Amanda Mansini heard that in early 2021, the employee asked at least one female job candidate about her intentions to marry and have children...