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An employee who responded "what are you gonna do sack me", after being told not to text and drive, has won compensation for unfair dismissal in the Fair Work Commission.

His employer's "relaxed approach to procedural fairness" – based on its belief that it was doing the right thing – was "unacceptable", Commissioner Oanh Thi Tran found.

The Bin Boy Environmental employee was sacked in November last year for serious misconduct. The employer said that after reviewing recent incidents, it had determined his behaviour "raised significant concerns regarding workplace safety, compliance with company policies, and overall professionalism".

In unfair dismissal proceedings, the employer relied on five specific reasons for its decision. It maintained that between March and November, the employee, among other things, left pornographic materials in a staff area, left hard waste in an inappropriate location, and incurred two speeding fines while driving company vehicles...