In a very interesting case, a person who admitted touching the breasts of five women during a 2012 Christmas party has won his job back. This was after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.
The key component here was that the 2 men, who both breached the policy, were treated differently after being found guilty of the same offence.
After looking at a range of factors, the Commissioner decided reinstatement was not impracticable. The reasons for this decision included the fact that he had been a good worker for over 20 years, had demonstrated remorse and was willing to accept a wide range of disciplinary measures.
In the end, what seemed like a simple matter was rather complex and showed that in every circumstance you must to look at all possible angles and measures.
This showcases the importance of having a 3rd party, like HR Central, available to review and provide advice on these complex and difficult decisions.