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The safety risks posed by an employee who was acting "aggressively and erratically" due to a serious mental illness outweighed the procedural flaws in his employer's dismissal process, the Fair Work Commission has found.

In unfair dismissal proceedings, the Commission heard the Defend Fire Services fire technician returned to work in December last year after a period of absence due to mental health issues, and performed duties for about four days.

Because the employer required his work vehicle, he said he felt "forced" to return despite knowing he was not ready, "not right" and "not the same person".

The employee was sacked a few weeks later for serious misconduct, with the employer alleging he'd taken lengthy absences from work without reasonable grounds, sent an abusive text to his supervisor, and concealed a tool in a work vehicle despite having been asked to return it...