FIFO worker wins unfair dismissal case over ‘giga chin’ comment he never made

A FIFO mine worker who was sacked for allegedly calling a colleague a “big mouth” and suggesting his partner was “mentally unstable” has won his job back.

Kacy Brazier had been working in the mines since 2009 and was dismissed from OS MCAP, BHP’s labor hire subsidiary, in April 2025 for allegedly spreading sexual rumors and insulting colleagues.

According to the Fair Work Commission decision, Mr Brazier was alleged to have “spread sexually explicit rumors and made derogatory comments about the Affected Person’s physical appearance” at the Goonyella Riverside mine in Queensland.

He allegedly said that a female colleague known as Ms. G was “having sex with everyone on the field” and that “there was a video of sexual content.” [her] He said that “this was shared on the site” and that Ms. G made comments that she had a “big ass” and a “big mouth”.

Mr Brazier denied the allegations and claimed he had been unfairly dismissed as a result.

In her ruling, which runs over 140 pages, Commissioner Jennifer Hunt heavily criticized the investigation into Mr Brazier and said she was “ignored” when she asked for details about his alleged comments.

He ruled that Mr Brazier never said Ms G had a “fat ass” or a “big mouth” and that the witness, Jordan Smith, was “one of the least reliable witnesses I have ever heard evidence” given that “her story did not ring true”.

There was also confusion at the inquest as to whether Mr. Brazier said “fat ass” or “fat ass”; The commissioner said this meant “quite attractive or satisfactory, excellent” to the parties.

“I find that Mr. Brazier did not know what the term ‘giga jaw’ was before it was presented to him as a written accusation,” the decision said.

“I think Mr. Smith used that phrase in this regard. I think it’s a term he probably came across as an older Gen Zer. He agreed with me when I questioned him that he didn’t need to Google that term like older people like me do.”

Mr Brazier said he had worked with Ms G for more than two years and denied having a tense working relationship with her, but referred to an incident with his partner when questioned by an independent investigator. Mr Brazier had complained about his behaviour.

She said: “No… It was always okay and that’s what I mean. Like, if I said all these things in a way that would come out a lot more quickly when we express them about a boyfriend, this is all ridiculous.”

During the hearing the commissioner said it was “incredible” that OS MCAP did not keep a copy of CCTV footage of an incident involving Mr Brazier and his partner.

Regarding this confrontation, Commissioner Hunt said he “had no problem with Mr. Brazier telling his partner that he was out of his mind and acting erratically under the circumstances.”

The confrontation took place at a bus stop in Camp Eureka on Sept. 6, 2024, when the partner insisted he “go for a walk and chat privately,” according to Mr. Brazier.

“I made it clear to (my partner) multiple times in my response that I did not want to engage, choosing instead to sit down and avoid escalating the situation,” he said.

“I did everything I could to make it seem non-threatening because I feared for my safety.”

Mr Brazier said it was he who was threatened, although he did not deny calling his partner “deranged” or “mentally unstable”.

The commissioner said: “Mr Brazier was seated and a large, agitated, physically intimidating man with an alleged history of threatening behavior was standing over him. “I cannot imagine a female employee being put in Mr Brazier’s shoes and being fired if she said something to him like, “Stay away from me, he’s mentally unstable!”

“I think Mr. Brazier should neither be fired nor disciplined for defending himself against the thug (associate) at the bus stop.”