When Substantive Fairness overrides Procedural Fairness

FWC recently in Mr Firas Raghib v Stantec Australia Pty Ltd [2025] FWC 2335 found that a senior HR manager’s fabrication of a text message to undermine a colleague’s complaint amounted to serious misconduct and justified his summary dismissal—even though the employer’s process had procedural flaws.

The HR manager had previously been warned about inappropriate behaviour. Later, two separate complaints were made against him, including allegations of coercive control and sexual harassment. In response, he produced a fake text message allegedly sent by one of the complainants, claiming she regretted making the complaint.

The complainant denied sending the message and provided phone records to prove it. FWC found the message was a deliberate fabrication designed to mislead the employer and discredit the investigation. The HR manager also contacted another complainant during the process, despite being told not to.

Deputy President Masson described the fake message as “a complete fiction that even the famed spy story novelist John Le Carré would have been impressed by". Despite procedural gaps, the seriousness of the misconduct outweighed them, and the unfair dismissal claim was dismissed.

Our Take

This is a good case that demonstrates how far substantive fairness has to go before it overrides procedural fairness. It is also a stark reminder that integrity is non-negotiable—especially in HR. When a senior HR professional fabricates evidence to manipulate an investigation, it undermines the entire process and damages trust across the organisation.

FWC’s decision shows that procedural fairness is important, but it won’t protect employees who engage in deliberate deception. The HR manager’s actions—creating a fake message, contacting a complainant and making misogynistic claims—were calculated and deeply inappropriate.

For employers, this reinforces the need to act decisively when trust is breached, especially by those in positions of responsibility. Misconduct of this nature is not just a breach of policy, it’s a breach of ethics.

Action Items:

• Train HR Teams on Ethics and Boundaries - Ensure HR professionals understand their role in maintaining trust and confidentiality during investigations.

• Strengthen Investigation Protocols - Review procedures to ensure allegations are handled fairly and that all parties are given a chance to respond.

• Act Decisively on Proven Misconduct - When serious misconduct is substantiated, especially involving deception, employers must respond firmly—even if the process wasn’t perfect.

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