Tequila Executive Triumphs in Unfair Dismissal Case Over Job-Hunting Email
A former national sales manager for an Australian tequila company has successfully challenged his dismissal after being fired for job-hunting during company time. Josh Westerberg, who worked for Volando Tequila, was terminated in September 2025 after co-founder Jesse Ross discovered an email sent from his work account to a local gym.
The Email That Sparked the Controversy
The controversial email, sent three days before Westerberg requested three weeks of personal leave, contained his résumé and expressed interest in discussing potential roles. In his résumé, Westerberg noted his extensive career in the alcohol industry but stated he was 'deeply passionate about health and wellness and am eager to transition into this space.'
Co-founder Jesse Ross, a former member of the 2012 Olympic boxing team who launched Volando Tequila in 2019 with prominent racing car driver Shane Tucker, interpreted this as clear evidence Westerberg was preparing to leave the company. Ross, who exercises top-level decision-making from the United States, concluded Westerberg had 'one foot out the door' and terminated his employment on September 12 without further investigation.
Fair Work Commission's Landmark Ruling
Fair Work Commission deputy president Tony Slevin delivered a decisive verdict, finding the dismissal was harsh, unjust, and unreasonable. While acknowledging Westerberg's conduct was inappropriate, Slevin ruled it did not justify immediate termination.
'It was not an application for a job, but it was an indication that he was open to taking on a new role with a different company,' Slevin stated in his judgment. 'I am not convinced by Mr Westerberg's attempt to characterise it otherwise.'
The deputy president rejected Westerberg's defense that the email was merely a networking exercise to introduce potential buyers to the company. However, he emphasized that the company's response was disproportionate to the misconduct.
Procedural Failures and Compensation Award
Slevin identified significant procedural failures in the dismissal process. Westerberg was not afforded proper procedural fairness, and the company conducted no meaningful investigation before terminating his employment.
The ruling noted that Ross had received performance concerns about Westerberg in late August and early September 2025, but these were not properly addressed in the dismissal process. Slevin found that while Westerberg's email showed he was 'sounding out' potential opportunities, it did not constitute the serious misconduct alleged by the company.
Given that Westerberg did not seek reinstatement and performance issues suggested he would likely have remained at Volando for no more than 15 weeks, the commission awarded compensation of $31,778 including superannuation.
Broader Implications for Workplace Conduct
This case highlights important boundaries in employment law regarding what constitutes justifiable dismissal. The commission's decision reinforces that while using company time and resources for personal job searches is inappropriate, it may not always warrant immediate termination without proper process.
The ruling serves as a reminder to employers about the importance of procedural fairness and proportional responses to employee misconduct. For employees, it underscores protections against dismissal that may be technically justified but practically unreasonable in context.
Volando Tequila, described as a self-styled Aussie start-up backed by a US parent company, now faces both financial compensation and reputational considerations following this workplace dispute resolution.
