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Employer wins first battle in dispute over reinstatement

The Fair Work Commission has halted an employee's reinstatement order, while the employer appeals against a ruling that its "drawn out" disciplinary process made her sacking unfair.

Victoria Police dismissed the forensic officer in January this year for inappropriately obtaining a colleague's work phone number and misrepresenting herself to solicit information about an investigation involving her husband, with whom the colleague had been having an affair.

Last month, Commissioner Michelle Bissett found the employer had a valid dismissal reason based on the employee's "highly unprofessional" conduct, and said there were no significant procedural flaws.

But the dismissal was harsh due to the "long and drawn out" disciplinary process, and the employee's remorse and exemplary 20-year tenure, she found in ordering reinstatement and backpay...

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