Employee contests firing, claiming defensive actions during heated exchange with colleagues
The Fair Work Commission (FWC) heard an unfair dismissal application from a machine fitter who was summarily terminated following his involvement in a workplace confrontation and allegations of using racially offensive language.
The worker contested the dismissal, arguing he acted defensively during the incident and that the language he used was culturally contextual and misunderstood by colleagues.
The employer dismissed the worker in May 2025 after an altercation with two colleagues that included physical contact and verbal exchanges captured on security cameras.
The employer alleged the worker had repeatedly used racially offensive language in the workplace, physically escalated the confrontation, and failed to cooperate with the investigation process.
The Commission examined security camera footage from multiple cameras capturing an incident on 8 May 2025 involving the worker and two colleagues in a workshop area.
The FWC found the footage showed one colleague calling out a word while inside a workshop office, which another colleague overheard and asked him to stop using, stating he did not want to hear that word in his presence.
The Commission noted the footage showed a verbal disagreement developed between the three employees with escalating tone, and observed the worker pushed one colleague once, then, after a...
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