Employer denied worker ever lodged workers compensation claim and said termination unrelated
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who alleged he had been unfairly dismissed from his employment. The worker was employed for approximately 17 years until 30 July 2024.
The worker's employment ended following an incident on 29 July 2024, where he was alleged to have physically assaulted another employee.
The worker contended his dismissal was unfair, claiming he was defending himself against an attempt by the other employee to take money from his pocket.
The employer denied the dismissal was unfair, asserting the worker was dismissed for serious misconduct, supported by witness statements and CCTV footage.
The worker, who worked at a club, provided two witness statements. In the first, the worker said that on 29 July 2024, during his night shift, one of the other workers put his hand in the pocket on the right side front of the worker's pants and said he needed money.
The worker said he was "weirded out" but explained he did not have any money. Shortly after, another colleague called him to request help to fill out a form.
While helping the colleague, the other worker approached again and tried to put his hand in the same pocket.
The worker said he waved his hand around to tell the other worker not to put his hand into his pocket. The other worker said he wanted to borrow $200.
In the...
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