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Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.

The employee's termination letter gave two reasons for the dismissal, alleging he had:

• caused a serious and imminent risk to the health and safety of coworkers, who "felt unsafe" due to the employee's aggressiveness in the first meeting; and
• refused to carry out a lawful and reasonable instruction, namely to move his desk to sit with the team...