Log in or become a subscriber

An employee sacked for aggressive and threatening conduct has won reinstatement, after the Fair Work Commission found his employer failed to consider his challenging personal circumstances before dismissing him.

Calling his coworker a "f-cking dog" gave the employer a valid dismissal reason, but its decision was harsh and unreasonable in light of the employee's lengthy service, difficult personal circumstances, "one-off" behaviour, and clean disciplinary history, Deputy President Judith Wright found.

The Essential Energy powerline employee was sacked in May last year for breaching the employer's code of conduct, following an incident with a coworker during a toolbox meeting in February.

In unfair dismissal proceedings, the employee and his coworker both gave evidence that despite some "ups and downs", they had a good working relationship...