Steven Gregory v Qantas Airways Limited

Steven Gregory appealed against a decision made by Commissioner Cambridge in the Fair Work Commission (FWC) on 27 February 2015. The appeal related to his dismissal by Qantas Airways Limited for sexual harassment, with a focus on the defence of drink spiking and evidentiary issues. The case, U2014/7543, was heard in Sydney. The central dispute was whether the respondent had established that the appellant had sexually harassed a female colleague, and whether the respondent's decision to terminate his employment was lawful.

The court had to determine whether the evidence presented was sufficient to establish the appellant's guilt regarding the allegations of sexual harassment, and whether the respondent had a valid defence concerning the claim of drink spiking. The appellant argued that the decision was flawed due to a failure to properly consider the evidence of drink spiking and other factors. The court needed to examine the admissibility and weight of the evidence, particularly the appellant's claim that his drink had been spiked, which he argued could have affected his behaviour and memory.

The court found that Commissioner Cambridge did not err in law in reaching his conclusion that the appellant had sexually harassed the female colleague. The court held that the evidence, including CCTV footage and witness statements, sufficiently established the sexual harassment. The court further held that the appellant's claim of drink spiking was not substantiated and did not warrant a different outcome. The appeal was dismissed, and the original decision was affirmed. The court determined that the evidence was sufficient to support the decision that the respondent had valid grounds for dismissing the appellant, and that the process followed was fair and lawful.