FWC finds elaborate scheme to undermine workplace complaint process
The Fair Work Commission (FWC) recently dismissed an unfair dismissal application involving a senior HR executive who was terminated after fabricating a text message to discredit a sexual harassment complainant.
The case arose when the worker attempted to undermine workplace investigations by creating false evidence suggesting the complainant had been "talked into making" her allegations, leading to findings of serious misconduct that justified immediate dismissal.
The worker argued he had been unfairly dismissed following workplace complaints and alleged that procedural deficiencies in the termination process rendered his dismissal unjust.
He maintained that sexual harassment allegations against him were false and that a text message from his accuser proved the complaints were fabricated under pressure from management.
The employer contested the worker's claims, arguing that serious misconduct including fabrication of evidence, inappropriate contact with complainants, and dishonest conduct provided valid grounds for immediate termination.
The employment relationship involved a senior HR business partner for Victoria and South Australia who commenced with the engineering consultancy in January 2022, earning approximately $157,743 annually.
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