A one-off outburst, 16 years of clean service, and a policy the employer failed to follow
A New South Wales powerline worker who threatened a colleague during a toolbox meeting meltdown has won his job back — because his employer ignored its own policies.
Deputy President Wright of the Fair Work Commission ruled on 30 January 2026 that Essential Energy's decision to sack Benjamin Lewis was harsh and unreasonable, ordering his reinstatement with backpay.
Lewis, 46, had worked at Essential Energy's Leeton Depot in the Riverina for 16 years without a single disciplinary mark on his record. That changed on 20 February 2025, when he erupted at colleague Michael Meline during a routine morning toolbox meeting, calling him a "fucking dog," referencing punching him in the head, and giving the impression he wanted to take the confrontation outside. On his way out of the room, he directed profanity at his supervisor, Andrew Sidebottom.
Lewis did not deny what he did. He told the Commission he lost all control. What he wanted the Commission to understand was why.
Two days before the incident, Lewis learned his father's cancer had spread to his shoulder, hip and spine. The day before, his aunt was placed in palliative care. She died two days after the outburst. Lewis, an only child, had been quietly shouldering the care of both his parents — his mother has severe epilepsy and cannot drive — without telling anyone at work he was struggling.
He returned to work on 3 March 2025 and apologised to his colleagues at the morning toolbox meeting. Meline accepted the apology. The two went on to work together without incident on at least half a dozen occasions. Meline was never interviewed during the disciplinary investigation, but when he learned Lewis faced the sack, he submitted a letter of support. He told the Commission he had seen many workplace outbursts at Essential Energy and had never seen one lead to a dismissal.
None of that moved Essential Energy's decision-makers. The company's HR Business Partner prepared a Dismissal Recommendation that acknowledged Lewis's remorse and personal circumstances but took issue with the fact that he had come to work under significant stress without flagging it to his supervisor. Lewis was terminated on 14 May 2025.
Wright found there was a valid reason for dismissal — the conduct was a clear breach of the company's Code of Conduct. But that was not the end of the inquiry.
The Commission found Essential Energy had effectively disregarded the mitigating factors Lewis raised. His explanation that he had no idea he was struggling with his mental health was brushed past in the Dismissal Recommendation. The employer did not investigate the relationship history between Lewis and Meline, which included a 2020 incident where Meline verbally abused Lewis with no disciplinary consequence. Wright also pointed to a workplace culture at the depot that tolerated similar behaviour — including a 2023 incident where another employee told Lewis to "go fuck himself" during a toolbox meeting, which management dismissed as banter.
The Commission ordered Lewis reinstated within 21 days, with continuity of employment preserved. Backpay was set at 80 per cent of lost remuneration — a 20 per cent reduction to mark the seriousness of his conduct.
The case is Benjamin Hayden Lewis v Essential Energy [2026] FWC 252.
