Employee dismissal - Just as important as right and wrong is proof

When an employee brings an inappropriate behaviour allegation against a workmate, sometimes it seems everybody suffers.

The process is laborious, the situation emotion-laden, and the penalties harsh. That's without considering the flow-on effects to the workplace and other team members.

Take the recent Fair Work Commission judgement against CITIC Pacific Mining Management, in which an employee's dismissal for inappropriate behaviour was overturned after the Commission ruled that the incident investigation was inadequate.

The incident involved inappropriate phone images passed across a young woman by two people sitting close to her during their end-of-shift bus commute. The employer asked the accused for a written response. After one meeting he was stood down. Following a second meeting, further investigation, and a third meeting, his employment was terminated.