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A manager who was accused of domestic violence towards a work colleague has failed to prove his "very ugly" out-of-hours texts to her didn't warrant his dismissal, despite the Fair Work Commission finding his employer's process was "defective".

Deputy President Abbey Beaumont said that while both parties made "disparaging" comments to each other, the manager "knowingly" created an unsafe workplace for the colleague when he threatened to "smash" and "kick the shit out of" her.

WA Council on Addictions Incorporated sacked the general manager of residential services in January this year, for breaching its code of conduct in "allegedly committing domestic violence" against the colleague and inappropriately using his work phone and laptop to emotionally abuse her...