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An employee has failed to prove he was unfairly sacked for his out-of-hours assault of a subordinate, with whom he was having an affair, after arguing it didn't impact his work performance.

The Corrective Services NSW officer started an extra-marital relationship with his female subordinate in late 2018. The following year he was charged with domestic-violence-related common assault, after which he was found guilty and entered into a 12-month conditional release order.

The employer considered he had engaged in misconduct and, after inviting him to respond to this allegation, proposed sacking him if he didn't resign. The employee resigned, then appealed to the NSW Industrial Relations Commission, arguing he had been denied procedural fairness...