Can You Be Fired for Misconduct From 7 Years Ago?

In a recent Fair Work Commission case, a university professor was dismissed in 2024 over inappropriate conduct that occurred in 2017. Although the conduct was confirmed to be a breach of the university’s workplace behaviour policy, the Commission ultimately found that the dismissal was unfair.

The decision hinged on more than just the policy breach itself. While the Commission accepted that the professor’s communications with a PhD student seven years earlier had crossed the line, it also took a broader view of the situation. One of the key lessons is that not every policy breach automatically leads to fair dismissal. Misconduct, even when proven, isn’t always enough on its own. The Commission considered whether the dismissal was proportionate to the circumstances and found the outcome too harsh given the long delay, lack of further issues, and the employee’s strong record since the incident.

In this case, the university had been made aware of concerns in 2018 but did not investigate the details at the time. It wasn’t until 2024—after the student raised the issue again in a formal complaint—that the university launched an external investigation and acted on the old misconduct. The Commission noted that an employer can’t simply ignore an issue for years and then suddenly decide it justifies termination, especially when the employee has maintained a clean record and fulfilled their duties without concern in the meantime.

This decision reinforces that disciplinary action must be both timely and proportionate. Employers who delay acting on known concerns may lose credibility when trying to justify a dismissal later. The longer the delay, the more important it becomes to show why dismissal is still reasonable—particularly if the employee has shown strong performance or reform in the meantime.

In fact, the professor’s clean disciplinary record and positive service over the years following the incident were major factors in the Commission’s conclusion. Continued good conduct after an earlier lapse can weigh heavily against dismissal, especially where there’s no repeat behaviour.

Employees facing disciplinary action for past conduct—particularly historical conduct that was known to the employer at the time—should be aware of these considerations. The Commission will look at the bigger picture, including fairness, process, delay, and whether dismissal is truly a reasonable response.