A bus driver who was sacked following a violent road rage incident last year has won his job back after an industrial dispute with the ACT government.
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ACTION bus driver Christopher Thomas was involved in an altercation in May 2016, which culminated in him punching the driver of a silver Toyota Hilux who cut him off.
"You fat c--t, I've got it on camera - you giving me the finger," the Hilux driver said in the lead-up to the altercation.
"You guys think you own the road. I'm going to report you and you're going to lose your job."
The incident was sparked when Mr Thomas pulled out of a bus stop on Galmarra Street, Ngunnawal, and was beeped at by the Hilux driver.
"As Mr Thomas moved forward the other vehicle drove in front of his bus and stopped suddenly requiring Mr Thomas to brake suddenly to avoid a collision," the Fair Work Commission wrote.
"Mr Thomas subsequently exited the bus and proceeded to the front of the other vehicle and attempted to take a photo of the vehicle with his mobile phone."
The Hilux driver slapped the phone out of Mr Thomas's hand and threatened to "smash" him during the confrontation, the Fair Work Commission heard.
An internal government investigation found that Mr Thomas had behaved inappropriately during the altercation, and he was fired in October 2016.
Mr Thomas subsequently lodged an unfair dismissal claim with the Fair Work Commission, stating he had been the victim in the incident, had not been charged, and had only acted in self defence.
The driver of the Hilux ute was later convicted of assault, negligent driving and damaging property.
On Wednesday deputy president John Kovacic found that there had been a valid reason for Mr Thomas's sacking, although it appeared to be a "disproportionate response".
"In particular, the material before the commission points to the other driver being the primary instigator of the incident, though Mr Thomas's conduct in 'flipping the bird' to the other driver and damaging the other vehicle were contributing factors," he said.
Deputy president Kovacic ordered that the ACT government reinstate Mr Thomas to his previous position with ACTION buses.