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An investigation's failure to consider eyewitness evidence of a workplace altercation denied an employee procedural fairness, a Fair Work Commission full bench has affirmed, dismissing the employer's appeal against his reinstatement.

The fact three eyewitness statements weren't provided to the decision-maker was a strong indication that the dismissal decision was unfair, the bench noted.

The operator, who worked at the Goonyella Riverside Mine, was sacked for misconduct in April 2025.

An investigation conducted by his employer, BHP subsidiary OS MCAP, had concluded that a year earlier the employee used "aggressive and intimidating behaviours" when making accusations against a coworker. It also found that the employee behaved aggressively when the coworker was at a bus stop in September 2024; specifically, he "eyeballed" him and stood over him...