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"Simple life experience" should have taught an employee not to bully and humiliate his co-worker, according to the Fair Work Commission, but a lack of evidence that he was trained in workplace policies meant his dismissal was harsh.

Deputy President Peter O'Keeffe also found the employee's comments – referring to "sucking the boss's dick" – did not constitute sexual harassment, but were a common, though "totally unacceptable", form of insult.

The Commission heard the employee, who worked as a truck driver for Phosphate Resources Limited on Christmas Island, first told a co-worker he "knew how to suck the boss" in April this year.

According to the co-worker, after the comment was repeated several times he told the employee to stop the behaviour, or he'd make a harassment complaint...