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A procedurally unfair dismissal process didn't negate an employer's right to sack a worker over social media posts that mocked domestic violence, expressed racist sentiments, and vilified minority groups, the Fair Work Commission has ruled.

In September 2021, the ACTU call centre employee posted a comment on its internal messaging platform, Slack, about a violent protest outside the CFMMEU's Victorian construction division office. He said those protesting were "obviously not 'far right' or Neo-Nootsis (whatever that means)" but that his co-workers should "prepare for some calls".

After receiving a screenshot of the post, the ACTU concluded the employee's comments contradicted its stance that the protest involved far-right extremists, and decided to review his public Facebook account.

It subsequently found a number of concerning posts...