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An employer "undertook a degree of crystal ball gazing" when it sacked a worker based on the view it was "only a matter of time" before his mouthy behaviour became "actual violence", the Fair Work Commission has ruled.

In July last year, BlueScope Steel held a meeting with the slab handler to discuss allegations that during a toolbox meeting earlier that month, he had threatened his manager, called the manager and others "fools", sworn and raised his voice, and referred to workplace behaviour policies as "bullshit".

After the employee denied the manager took what he said as a threat and asserted that he didn't swear at anyone, the employer asked to him to show cause as to why he shouldn't be sacked. It noted his conduct was "particularly concerning" because the toolbox meeting had been about workplace behaviour expectations.

The employee responded by saying he regretted his "silly off the Cuff remark" and that he would be more careful with his communication in future. Further, the "fools" comment was in response to the manager's direction to do an illegal crane lift, he claimed...