Yeah I tend to agree that falling back on the FAM wording is a bit of a distraction. The FAM clause is there specifically to assist Jetstar in enforcing a double-standard: namely that they couldn't care less if someone publicly praised the company without permission, but stating a few uncomfortable home truths is an entirely different matter.
Virtual summary dismissal for a single administrative FAM breach might be considered by many as an extreme over-reaction, and I hope that's the way the courts see it too.
Then we have the problem that Jetstar have now all but publicly accused him of lying (which is just CEOs shooting from the hip without any thought for what they're saying to the media in their attempt at damage-control). That may open a can of worms in court which Jetstar could come to regret. Counter-suit for defamation, anybody? That I'd love to see!