A FIFO miner, dismissed for allegedly making derogatory comments towards a female colleague and her partner, has been reinstated after the Fair Work Commission criticized the handling of his case.
Kacy Brazier, a production operator at Queensland’s Goonyella coal mine, lost his job following a BHP investigation that accused him of repeatedly using inappropriate and sexualized language toward a colleague, referred to as Ms. G.
While Brazier denied the accusations regarding Ms. G, he did acknowledge calling her partner, Karl Mouat, “unhinged” during a heated exchange.
In a detailed 143-page decision, Commissioner Jennifer Hunt highlighted significant issues in the investigation, including unclear allegations, lack of evidence, and a flawed process that deprived Brazier of an adequate opportunity to defend himself.
The incident stemmed from a confrontation at a bus stop, where Mouat approached Brazier, demanding a private conversation away from surveillance.
Brazier chose to stay seated, responding to Mouat’s insistence by labeling him as “unhinged” and “unstable.”
Commissioner Hunt accepted that Mr Mouat had behaved in a ‘thuggish’ manner by standing over him aggressively, finding that Mr Brazier acted out of fear and was effectively defending himself.
She ruled the comments did not warrant disciplinary action.
Commissioner Jennifer Hunt accepted that Karl Mouat (pictured) was behaving ‘thuggish’
Commissioner Hunt branded key witness Jordan Smith (pictured), a digger operator, ‘one of the least credible’ she had heard in her time at the Fair Work Commission
Commissioner Hunt is pictured
According to a report of the decision, Mr Brazier had earlier raised the alarm over Mr Mouat’s conduct, claiming: ‘He made a comment that he knows people who can have people killed and that he knows where I live… I told my wife and she is absolutely terrified.’
He gave evidence that workers avoided discussing Mr Mouat and Ms G for fear of ‘violent repercussions’ – claims supported by colleagues who described Mr Mouat as physically intimidating and ‘scary’.
Mr Mouat was later sacked over the same incident but has since won his own unfair dismissal case in January, securing his job back at BHP’s Saraji Mine in Central Queensland and a $35,000 payout.
He claimed that rumours were being spread about him, his partner Ms G and her ex, including allegations of sexual material circulating within the workplace which he alleged Mr Brazier was partly responsible for.
The explosive row formed part of a wider investigation into a bitter workplace breakdown.
In November 2024, MinterEllison workplace investigator Jennifer Veiga was tasked with probing a complaint lodged by Ms G against Mr Brazier, his colleague Greg Fowler, and her ex-partner and former colleague Scott Wirth.
As outlined in the Fair Work Commission decision, the complaint centred on a bitter falling-out between Ms G and Mr Wirth following the breakdown of their relationship in 2022, with allegations that he had shared explicit material, including photos, videos and personal stories within the workplace.
Mr Brazier and Mr Fowler were accused of spreading the rumours around site, according to the FWC report.
Commissioner Hunt was also sharply critical of the external investigation conducted by MinterEllison workplace investigator Jennifer Veiga (pictured)
As noted in the published decision, Ms G said a female colleague had approached her and told her that she knew the contents of her ‘adult drawer’, as well as intimate details about her sex life.
She believed this information had come from explicit content allegedly circulated at work, according to the report.
Additionally, per the decision, Ms G claimed that co-workers made comments in front of her new partner, Mr Mouat, that could only have come from viewing a specific sexual video.
The FWC decision states Mr Wirth was further accused of threatening to expose details of their past relationship, allegedly warning he would share explicit messages and material if rumours about him surfaced.
In one message quoted in the document, he allegedly wrote: ‘If I ever even hear a single rumour about me… I’ll be posting a hell of a lot of s*** all over everything about you.’
Another message included in the FWC decision read: ‘You’re literally crazy lol, I’m gonna send all these msgs around and see where we stand.’
However, these allegations were never substantiated and were ultimately abandoned by the Commission.
The decision then turned to the allegations about Mr Brazier’s conduct which ultimately collapsed under scrutiny.
In a blistering finding, Commissioner Hunt branded key witness Jordan Smith ‘one of the least credible’ she had encountered, describing his evidence as inconsistent, unreliable and likely ‘concocted’, including claims Mr Brazier had passed his phone around to show colleagues a sexually explicit video of Ms G.
She ruled Mr Brazier never made the ‘giga chin’ or ‘fat a***’ remarks, finding the case relied heavily on Mr Smith’s account, which shifted over time, including uncertainty over whether he meant the more complimentary term ‘phat’.
Other witnesses also failed to support the claims.
Operations technician Zachary Bartley admitted he had not heard the alleged comments firsthand, according to the FWC report, but said he did hear Mr Brazier tell a colleague, ‘with long hair and a set of knee pads, you will get anything you want’ which he interpreted as suggesting Ms G had obtained her role through sexual acts.
However, he was never interviewed by Ms Veiga and conceded he did not know who the comment was directed at.
Under cross-examination, he also confirmed he had never heard Mr Brazier use the terms ‘giga chin’ or ‘fat a***’.
The investigation itself came under heavy fire, with Commissioner Hunt hearing Mr Brazier repeatedly asked for basic details including dates, times and locations so he could properly respond.
No such information was ever provided.
Instead, allegations snowballed from isolated comments into sweeping claims of repeated misconduct over months without clear or consistent evidence.
As noted in the decision, the production manager who sacked him, Rob Hanson, admitted he accepted the findings of Ms Veiga without reviewing the underlying evidence.
Commissioner Hunt was sharply critical of Ms Veiga’s investigation, finding that she wrongly treated the key witness as impartial and relied on vague, untested claims that should never have been substantiated.
Mr Hanson had also been warned by HR that firing Mr Brazier carried a risk of unfair dismissal due to the lack of detail, but he pressed ahead regardless, according to the report.
He further conceded, per the FWC decision, that he failed to obtain CCTV footage of the bus-stop confrontation, despite acknowledging it would have taken only minutes.
Crucially, the decision notes that he accepted that without the disputed ‘giga chin’ and ‘fat a***’ claims, Mr Brazier would not have been dismissed.
More serious allegations, including claims that Mr Brazier spread sexual rumours, were ultimately abandoned due to lack of evidence, the report states.
Commissioner Hunt said it was ‘incredulous’ that BHP failed to retain CCTV of the confrontation, despite the incident ultimately costing two workers their jobs.
The workplace itself was marked by cliques, conflict and ‘backstabbing’, with competing factions and simmering tensions between workers.
In the end, Commissioner Hunt found there was ‘no valid reason’ for the dismissal, declaring it ‘harsh, unjust and unreasonable’ and ordering Mr Brazier be reinstated.
A BHP spokesperson told the Daily Mail: ‘BHP firmly believes that bullying, harassment and aggressive behaviours of any form are not acceptable in any workplace.
‘We believe this commonsense view is shared by the broader resources industry and the Australian community as a whole.
‘We will continue to engage our entire workforce on their obligations to each other, and continue to do everything we can to keep our workplaces safe and free of bullying, harassment, aggression and other unsafe behaviours.’
