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Sex at work - be careful if you're the boss

There are just so many things, I don't even know where to begin

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WORKPLACE romance is always a risky business, but it's especially dangerous if you're the boss.

A Brisbane manager, who was fired for having sex with one of his staff members while at work, this week had his application for unfair dismissal rejected by the Fair Work Commission.

This comes as workplace experts warn bosses who have consensual relationships with their staff members are more liable for inappropriate conduct than their partners.

The Brisbane man, whose name has been suppressed, worked as "House Manager" in an organisation that provides support to young people in out-of-home care. He was dismissed for alleged gross misconduct after he used his position to gain access to an out-of-home care facility when a female employee was on duty, where they engaged in sexual activity.

The man argued that he was treated differently to the female employee, a youth worker, even though they did the same thing. He was dismissed while the female employee was allowed to resign, and due to the difference in treatment he had not received his long service leave.

The man said he only found out he was treated differently after a conversation he had with her once they had moved in together, more than five months after he was dismissed.

This week the man's application was rejected by the Fair Work Commission because it was filed six months too late. The deadline for filing an application for unfair dismissal is 14 days.

The man's employer argued that the manager described his conduct as "wrong" in an email and that he demonstrated he understood the reason for his dismissal at the time.

His employer also stated the female employee "did not misuse her position or breach duties related to delegated authority" in the manner he had.

The Commission found he lodged his application for an unfair dismissal 169-174 days out of time and that his conduct indicated "he accepted the dismissal and was cognisant of the reasons for the dismissal at the time his employment was terminated".

The Commission dismissed his application after finding that the man had not demonstrated that there were "exceptional circumstances" to justify an extension of time.

Workplace law expert Kathryn Dent said managers and supervisors were expected to lead by example.

"Therefore it's not unreasonable to expect higher standards of conduct from them," Ms Dent said. "Given that managers have a dual responsibility in that they are employees that must adhere to, but also employees expected to promoted and enforce, company policy."

Ms Dent, director at law firm People & Culture Strategies said it was inappropriate for a manager to be in a relationship with a subordinate if they were making decisions regarding their employment, including their salary.

"If you want to enter a consensual relationship with someone you manage that becomes a conflict of interest," she said. "The appropriate course of action would be disclosure and then the company works out the way to deal with that conflict."

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