The Essential Energy case was heard before the federal Fair Work Commission. Photo: Wikipedia Commons/file photo only.
A Leeton powerline worker who was sacked after calling a colleague a “f****** dog” has been reinstated with backpay by the federal workplace tribunal.
According to a published Fair Work Commission decision, Essential Energy dismissed the long-serving employee for behaving in an aggressive and threatening manner towards a workmate during a toolbox meeting on 20 February 2025.
Deputy President Judith Wright accepted the worker’s conduct breached workplace rules and amounted to serious misconduct, but ultimately found the dismissal was “harsh and unreasonable”, ordering his reinstatement with backpay for lost wages.
The commission heard the employee was dealing with significant personal stress at the time of the outburst, including his daughter being bullied at school, his father suffering from cancer, and his aunt having been placed into palliative care the day before the incident. She died two days later.
Prior to the toolbox meeting, the employee appeared to take offence at a colleague being tasked with picking up a truck from Wagga Wagga — something he had previously been reprimanded for doing himself.
During the meeting, he said words to the effect of: “If we were outside, you wouldn’t be so tough, you f****** dog … he needs a punch in the head.”
He later told the commission he did not intend to say the words, claiming his emotions overwhelmed him and that he never intended to be physically violent.
Essential Energy conducted a disciplinary investigation, including into the allegation that he called a colleague a “f****** dog”. The powerline worker did not deny using the phrase, and Deputy President Wright found there was “no dispute” that the words were said.
While acknowledging the worker’s remorse, the energy company concluded the seriousness of the incident meant his employment should be terminated.
However, Deputy President Wright found Essential Energy failed to properly weigh the personal circumstances surrounding what she described as an “uncharacteristic” and one-off episode, noting the worker had no prior disciplinary history.
The commission also noted the worker apologised publicly to his colleagues, sought counselling and medical treatment, and that the colleague he abused accepted the apology and was willing to continue working with him.
“Based on [the employee’s] previous history and … evidence that he is now receiving treatment for the issues which he says contributed to the behaviour, I believe that such conduct is unlikely to reoccur,” Ms Wright concluded.
She found the dismissal had serious financial consequences for the worker, who was forced into lower paid employment after being sacked, and said the company should have considered alternatives to termination.
The commission ordered that the worker be reinstated to his former role within 21 days and compensated for income lost since his dismissal.
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