When does protecting your workspace cross the line into serious misconduct?
15 May 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a vehicle recovery officer who was terminated following a physical altercation with a tow truck driver while attending to a roadside assistance call.
The worker claimed his actions were justified to maintain safety at his worksite. He argued that he had a duty of care to prevent the tow truck driver from approaching a potentially dangerous vehicle, and that he would have been "criminally negligent" if he had allowed the driver to access the area he had secured.
Throughout the proceedings, the worker maintained he was the victim in the situation, that he had acted appropriately given the circumstances, and that his employer had unfairly terminated him for doing what he believed was right.
The incident occurred in September 2024 when the worker, employed as a vehicle recovery officer since March 2023, was called to assist with what was reported as a flat tyre. He began securing the area with cones and attaching the vehicle to his recovery truck when tow truck operators arrived at the scene.
One tow truck driver claimed the vehicle had been in an accident and was therefore "off limits" to the worker's employer. This was significant because under Queensland regulations, the employer was only authorised to tow vehicles that had broken down, not...
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