The Fair Work Commission (FWC) has flagged higher standards after it upheld a dismissal for inappropriate touching. 

The Commission has upheld the dismissal of John Tamaliunas, a long-time employee at Alcoa's Pinjarra refinery in Western Australia. 

Tamaliunas, a mechanical tradesman with nearly two decades of service, was terminated for making inappropriate physical contact with a female colleague.

FWC Deputy President Melanie Binet said community standards regarding consent for physical and sexual interactions have “been significantly raised”, especially within work-related environments. 

This statement comes in the wake of increased scrutiny over workplace behavior, particularly in the mining industry, which has been the focus of a parliamentary inquiry into sexual harassment and assault.

The incident occurred when Tamaliunas, in attempting to squeeze past the female colleague in a confined office space, allegedly touched her inappropriately. Although he argued the contact was accidental and apologised subsequently, the action was deemed unwelcome and socially inappropriate.

In her ruling, Binet criticised the approach of Tamaliunas' defence, which suggested the victim should have anticipated such contact due to her position in the narrow walkway. Binet refuted this argument, stating it unjustly blamed the victim.

The commission said it has a zero-tolerance stance on non-consensual physical contact in the workplace. 

Alcoa's spokesperson says the company is committed to maintaining the highest standards of workplace conduct, expressing satisfaction with the Fair Work Commission's support for their actions.