The Fair Work Commission rejected his unfair dismissal application, including his claim that “swearing and banter was commonplace in the office”.
The Fair Work Commission heard the machinist had yelled at a female colleague who commented on his workmanship, saying “I’ll f— you up the arse”.
The female employee, aged 65, replied: “No you won’t. I’m not your wife.”
When he was confronted with examples of uneven stitching and bunched up fabric, saying they were “not up to scratch”, he allegedly became more heated and aggressive “jabbing his finger” at a worker, shouting, “These are perfect”, “I am the best machinist here. Who are you?” while hitting the samples rack.
He had also allegedly threatened to “f—ing slap” a female co-worker.
The Fair Work Commission heard evidence that Mr Perry was concerned that it was not the first time the machinist had behaved aggressively and had threatened female co-workers.
Mr Perry said that, on a previous occasion, the machinist had said “sometimes women just need a slap”.
The commission accepted Mr Perry’s strenuous denial of the machinist’s claim that he had called a colleague a “bitch” whom he would “get rid of” and that “some women need a slapping from time to time”.
Mr Sams rejected the machinist’s evidence as untrue, saying it lacked credibility and was designed to minimise his own threat to slap a co-worker.
“I accept Mr Perry’s evidence and reject the applicant’s evidence as untruthful,” Mr Sams said.
Mr Sams ruled that the machinist’s dismissal was not unfair, harsh, unjust or unreasonable.
He said the CFMMEU, which had represented the machinist through its textile arm, had “struggled to defend the indefensible” and had tried to “build a case akin to creating a silk purse out of a sow’s ear”.
“It is little wonder that the applicant’s case focused almost entirely on a few insignificant procedural points and a poor work performance warning, which was completely unrelated and irrelevant to the reasons for the applicant’s dismissal, being his aggressive, threatening and intimidatory behaviour towards fellow women co-workers,” Mr Sams said.
Mr Perry’s designs have reportedly been worn by celebrities including Sandra Bullock, Jennifer Lopez, Kim Kardashian, Miranda Kerr and Princess Mary of Denmark.
Anna Patty is Workplace Editor for The Sydney Morning Herald. She is a former Education Editor, State Political Reporter and Health Reporter. Her reports on inequity in schools funding led to the Gonski reforms and won her national awards. Her coverage of health exposed unnecessary patient deaths at Campbelltown Hospital and led to judicial and parliamentary inquiries. At The Times of London, she exposed flaws in international medical trials.