[2026] FWC 252
Citation: [2026] FWC 252
What happened
the Applicant, a Powerline Worker at Essential Energy’s Leeton Depot in New South Wales, was dismissed on 14 May 2025, following an incident at a toolbox meeting on 20 February 2025. The dismissal stemmed from aggressive and threatening behavior towards a colleague, the Second Respondent. the Applicant attributed his behavior to an anxiety attack, citing personal difficulties including his aunt entering palliative care and his father’s cancer diagnosis. Prior to the incident, there was a disagreement regarding a truck pickup, which was discussed in a group chat. Witnesses, including fellow workers and union representatives, provided evidence during the hearing.
What was decided
The Fair Work Commission found a valid reason for the Applicant’s dismissal based on his conduct. However, the Commission determined the dismissal was harsh and unreasonable. This decision was influenced by the Applicant’s long service, difficult personal circumstances, the incident being a ‘one-off’, and his lack of prior disciplinary history. The Commission ordered reinstatement, meaning the Applicant will return to his position at Essential Energy.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections