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A furious worker at a Queensland mine hurled a stainless steel mug at his colleague and dangled him over a stairwell after allegedly being called a 'boofhead c**'.
Union delegate Robert Oram was sacked by BHP over the incident, which occurred in a crib hut on the Goonyella coal mine on January 26 last year.
Mr Oram alleged co-worker Joel McCallum called him a 'boofhead c***' and that Mr McCallum had previously called him a 'wog c***' and 'boofhead wog'.
He threw a large, stainless steel coffee cup at Mr McCallum, before grabbing him and pushing him out of the room and holding him at the top of a stairwell.
The Fair Work Commission (FWC) said Mr Oram had put his co-worker's life risk, despite finding he was likely racially abused by Mr McCallum.
In a written statement, Mr Oram acknowledged that he had gone too far.
'I told Joel I was sick of all the smart-arse names he keeps calling me. I also said I was sick of him not wanting to do any work ever,' he wrote.
'I know my workplace is not a footy field and I am disappointed in my actions. I have been frustrated with Joel for months and today I lost my cool.'
Robert Oram (left) was sacked by BHP for a violent incident on January 26 last year
However, Mr Oram argued the attack had lasted less than a minute and there was no fighting or punches thrown.
He said he threw the stainless steel mug after he was provoked by Mr McCallum, who he alleged had a history of calling him offensive names.
It was submitted that Mr McCallum was the instigator of the incident and that Mr Oram had previously complained to BHP about his colleague's behaviour.
Mr Oram said he had no history of outbursts during his 12 years at BHP and that his mood that day had been made worse by a proposed roster he didn't want.
But BHP claimed Mr Oram had breached workplace health and safety codes of conduct and that his actions posed a risk to the safety of other workers.
Commissioner Hunt upheld the dismissal, despite stating it was 'more likely than not' that Mr McCallum called Mr Oram racist names, which he denies.
'I am satisfied that he (McCallum) referred to him (Oram) as 'the Arab', 'Muslim', 'wog' and 'boofhead', and referred to Mr Oram needing to regularly shave throughout the day,' she said.
'Mr McCallum strikes me as a class clown, a social nuisance (no longer welcome on camping trips) and it was within all relevant people's knowledge that he regularly called his colleagues drunk at night.'
The incident occurred at BHP's Goonyella coal mine (pictured) last year
Commissioner Hunt also said it was 'astonishing' that BHP had failed to discipline Mr McCallum for his name-calling.
But, she ultimately concluded Mr Oram's actions had put Mr McCallum's life at risk.
'Mr McCallum could have been killed or severely injured if he fell backwards down the stairs,' she wrote.
'It is surprising to me that much focus has been on the physically violent act of throwing the stainless steel cup at the wall, narrowly missing Mr McCallum, as opposed to the inherently dangerous act of nearly pushing Mr McCallum down the stairs, backwards.'
Daily Mail has contacted BHP for further comment.
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