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"Culture of inappropriate activity" wasn't proof of employee's misconduct

An employer has failed to prove it fairly sacked an employee for exposing a female colleague to explicit images, despite the Fair Work Commission accepting there was a "culture of inappropriate activity" among workers.

Deputy President Peter O'Keeffe found the employer's investigation into the allegations was "deeply flawed and lacked rigour", and that the evidence before him couldn't support its findings.

In April this year, Citic Pacific Mining Management sacked the dump truck operator for "inappropriate conduct of a sexual nature towards new female trainees"...

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