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The integrity of an employer's misconduct investigation has been criticised, with the Fair Work Commission finding it substantiated allegations against an employee before he had a proper opportunity to respond.

In September last year, Piacentini & Son sacked the production supervisor for being uncontactable by two-way radio and falling asleep during two separate shifts at its Cataby mine in Western Australia.

In unfair dismissal proceedings, the Commission heard the employee had been inspecting mine pits while on night shift and parked his car on the side of a road to fill out an inspection report.

The employee claimed he left the ignition, headlights and internal vehicle lights on and leant against the driver's side door with the report on his lap, which may have falsely made it look like he was sleeping...