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A Perth admin assistant has lost his unfair dismissal case after being fired for inappropriate conduct, including discussing his polyamorous sex life with colleagues, and deliberately burping and farting in the office.

Evan-Ashley Solace brought the case against specialist manufacturer Mettler Toledo after being sacked in May this year following a series of complaints against him from three colleagues, who alleged his unwelcome discussion of his sex life and behaviour in the office made them feel uncomfortable.

The matter was taken to the Fair Work Commission earlier this year.Credit: Angela Wylie

In a Fair Work Commission decision published last week, Commissioner Pearl Lim found that while Mettler Toledo’s process to dismiss Solace was “flawed”, on balance his dismissal was not unfair.

The decision set out the litany of complaints against Solace, which included him “baiting” women in the office into asking him about his sex life; using the toilet with the door open; and burping and farting in the office, including at times while walking past a complainant’s desk.

Solace and wife’s sex life included partner-swapping, the decision read.

“On multiple occasions Mr Solace would try to start a conversation about his polyamorous lifestyle, such as his wife’s partners and the issues that this raised,” the decision read.

“Mr Solace’s wife would visit the Perth office during lunchtime. During these visits, Mr Solace’s wife would sit on his lap, and they would kiss and touch each other.”

Solace denied the allegations to Mettler Toledo, including that he left the toilet door open and burped and farted near colleagues.

He claimed the allegations were fabricated and targeted, but senior members of Mettler Toledo management disagreed, particularly as some allegations relating to the same issues had been made by two staff members who had never met.

In dismissing the case, Lim wrote that “there is nothing wrong with being sex positive”.

“However, there is a time and place to be discussing your sex life, and the workplace is often neither unless there is positive evidence that it is acceptable,” she wrote.

The commissioner found Solace had sexually harassed his colleagues by discussing details of his sex life when it wasn’t welcome, and “leering” at co-workers.

On the topic of Solace burping and farting in the office, and his physical displays of affection with his wife, Lim wrote that “this conduct itself is not a valid reason for dismissal, but I find that combined with my findings regarding sexual harassment, it supports the finding of a valid reason”.

Lim saved some criticism for Mettler Toledo for not giving Solace the opportunity to respond before making the decision to terminate his employment, saying that “calling Mettler Toledo’s handling of the allegations against Mr Solace shambolic would be generous to Mettler Toledo”.

She wrote that the investigation was “overall flawed”, and “the evidence shows that Mettler Toledo had decided on an outcome before even speaking to Mr Solace”.

“However, in considering all the evidence in this matter, though the investigation itself was terrible, I find that I agree with the end findings,” Lim wrote.

“I find that the valid reason outweighs the deficiencies in the investigation and how Mr Solace was dismissed.”