Log in or become a subscriber

An employee's aggressive and threatening response to being called a "c-nt" warranted his dismissal, but mitigating factors made the decision harsh, the Fair Work Commission has ruled.

Ordering reinstatement with continuity of service, but no backpay, Deputy President Tony Saunders said he was confident the employee wouldn't again engage in the conduct he had "repeatedly apologised" for.

The production operator had worked at Thiess' Mount Pleasant mine in the Hunter Valley, NSW, from March 2022 until his summary dismissal in April this year.

In unfair dismissal proceedings, the employer told the Commission it had a valid reason to sack the employee after an incident in which he allegedly: spoke to a coworker in an argumentative and disrespectful manner, during a two-way radio conversation about a work process; directed offensive and inappropriate language at the coworker, in person, a short time later; and threatened physical aggression by twice raising his first towards the coworker...