A tequila executive who was sacked after his co‑founder discovered he had been job‑hunting on company time has won his unfair dismissal case, after the workplace watchdog ruled the termination was unreasonably harsh. 

Josh Westerberg, the former national sales manager at Volando Tequila, was marched out of the business in September after co‑founder Jesse Ross unearthed an email he had sent from his work account to a local gym. 

In it, Mr Westerberg attached his résumé and said he ‘would love to have a chat’ about potential roles.

The resume included a statement Mr Westerberg had spent most of his career in the alcohol industry but he was ‘deeply passionate about health and wellness and am eager to transition into this space’. 

The email was sent three days before Mr Westerberg requested three weeks’ personal leave to consider his options – a move the company interpreted as evidence he was preparing to leave.

Mr Ross concluded he had one foot out the door and terminated his employment. 

But Fair Work Commission deputy president Tony Slevin found the dismissal a step too far, ruling that while Westerberg’s conduct was inappropriate, it did not rise to the level that justified immediate termination.

Volando Tequila, a self‑styled Aussie start‑up backed by a US parent company, was launched in 2019 by Queensland entrepreneur Jesse Ross, a former member of the 2012 Olympic boxing team, and prominent racing car driver Shane Tucker.

Josh Westerberg (pictured) was marched out of the tequila business he worked for after co‑founder Jesse Ross unearthed an email he had sent from his work account to a local gym

FWC deputy president Tony Slevin said it was clear Mr Westerberg was ‘sounding out’ whether a job might be available but said his dismissal from a tequila company was harsh

Mr Ross, who lives in the USA, exercised top level decision making in the company and control over the Australian entity. 

He told the FWC in late August and early September 2025, he received reports about concerns of Mr Westerberg’s performance.

Mr Ross said when he reviewed the company’s business records in September 2025, he found an email from Mr Westerberg showing he was actively seeking alternative employment during working hours and using company systems to do so. 

He considered this to be serious misconduct that represented a fundamental breakdown in the employment relationship and behaviour inconsistent with the employment agreement. 

Mr Ross determined no further investigation was required and emailed Mr Westerberg his employment was terminated on September 12. 

Mr Westerberg denied he was seeking another job, saying the email was simply a networking exercise. He told the commission that a contact had asked for his résumé so he could introduce him to potential buyers for the company. 

However, Deputy President Slevin said he did not accept that explanation, finding it was clear Mr Westerberg was ‘sounding out’ whether a job might be available. 

‘It was not an application for a job, but it was an indication that he was open to a take on a new role with a different company,’ he said.

Jesse Ross (pictured left), a former member of the 2012 Olympic boxing team, and prominent racing car driver Shane Tucker (pictured right) launched tequila company Volando in 2019

‘I am not convinced by Mr Westerberg’s attempt to characterise it otherwise.’

Deputy president Slevin noted evidence from the co‑founder, who argued the email showed Mr Ross was ‘actively’ seeking alternative employment using company time and equipment during working hours.’ 

‘Mr Ross regarded it as serious misconduct which represented a fundamental breakdown in the employment relationship and behaviour that was inconsistent with the employment agreement,’ the deputy president noted.

‘I find that it did not.

‘I find that the dismissal was harsh, unjust and unreasonable. There was no valid reason for the dismissal.’

Deputy president Slevin added Mr Westerberg was not afforded procedural fairness and the company’s actions were disproportionate to any perceived misconduct on his part. 

Noting Mr Ross did not seek reinstatement, the deputy president found existing performance concerns meant he was unlikely to remain at Volando for more than 15 weeks, and awarded compensation of $31,778 including superannuation.