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The Fair Work Commission has ordered an employee's reinstatement after finding "one isolated incident" at work, which resulted in criminal charges, didn't warrant dismissal "without some kind of warning first".

In March last year, the Sydney Trains station duty manager was charged with common assault and sexually touching a child, after he hugged a 13-year-old schoolgirl in the station concourse and then allegedly kissed her neck.

The NSW Local Court found the employee guilty of both offences and he was sentenced to community correction and conditional release orders. He immediately appealed to the District Court.

The employer subsequently dismissed the employee in January this year, after refusing his request to remain on unpaid leave pending his appeal...