Church worker loses unfair dismissal bid after secret affair with colleague who sent him explicit images ended in AVO fallout
A church worker has failed in an unfair dismissal claim after the Fair Work Commission found his dismissal was justified by several conduct-related issues. These included an undisclosed intimate relationship with a colleague, failing to appropriately respond to explicit messages, allegedly intimidating contact after the relationship ended, and inappropriate comments about another senior employee.
Martyn Childs worked at the Greek Orthodox Parish of St Spyridon for seven months and was dismissed on 14 July. His application was also filed one day late, and the Commission rejected his request for an extension; it found he had received procedural fairness and noted that his former partner had resigned rather than been dismissed. Childs accepted that the conduct underlying the dismissal had occurred, while arguing the investigation was biased and similar behaviour by others had gone unpunished.
- Fair Work Commission upheld a church worker’s dismissal.
- The case involved an undisclosed affair and alleged intimidating contact.
- His late application and unfairness arguments were rejected.