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The Fair Work Commission has ordered reinstatement after finding an employer's tendency to "inflate the gravity and seriousness" of a worker's misconduct led to a harsh dismissal.

In July last year, while on a work break, the Queensland Rail maintenance employee parked his car over a train line and proceeded to pump and wash its tyres. After the yard manager rebuked him for committing a safety breach and using company resources, the employee said words to the effect of "I've had enough of this shit" and left for the day.

During a subsequent interview the employee, who'd received a final warning for using profanities two months earlier, admitted to swearing at the manager.

He also admitted to a "technical" safety breach, but said that when he parked on the line, the next train was 45 minutes away. Further, he had control of the shunts and was carrying a two-way radio, so no trains could arrive or move without his knowledge...