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An employee has failed to convince the Fair Work Commission that he should have received a warning after taking excessive breaks and swearing during a meeting, and not summarily dismissed for serious misconduct.

The Smith's Snackfood Company maintenance technician claimed unfair dismissal after he was sacked without notice in July last year.

The Commission heard that managers met with him in June to discuss why he'd taken a one-hour break a few days earlier, when the relevant enterprise agreement allowed for half-hour breaks.

The employee claimed the meeting "became an interrogation", with the managers "firing questions at him" and accusing him of being offsite without permission...