Trevor Godfrey, who was dismissed from his job in October 2013, denied both allegations, alleged he was a victim of bullying and harassment and asked to be reinstated to his former position.

Rio Tinto subsidiary, Coal and Allied Mining Services, alleged that Godfrey had acted against safety policy by driving over a windrow containing large rocks that was used to redirect wandering vehicles or absorb the impact of a vehicle on a haul road of an open cut mine.

The company also said Godfrey spoke “in an unacceptable manner” to his supervisor.

Commissioner John Stanton ruled that the dismissal was valid and ruled that the safety breach had occurred and could have led to “serious consequences for the immediate safety of employees and equipment”

Godfrey had “used inappropriate language to communicate his frustration or displeasure”, Stanton said.

Stanton found that the combination of the safety breach and the “inappropriate language” was valid reason for the dismissal.