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A Fair Work Commission full bench has rejected an employer's bid to overturn an unfair dismissal ruling, which ordered reinstatement against its strong objections.

Queensland Rail sacked the maintenance worker in November last year for acting in an unsafe manner, failing to appropriately use its resources, and swearing.

In March, Deputy President Nicholas Lake found that although the employee parked on a live train line to pump and wash his tyres while on a break, the actual risk of harm to him or anyone else was "negligible". The employee knew the next train was 45 minutes away, he was carrying a two-way radio, and he had control of the shunts; no trains could arrive or move without his knowledge...