Find out why the FWC ruled a dismissal unfair despite altercation at work
The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a worker who was summarily dismissed following a physical altercation with a colleague at work.
The worker argued that the dismissal was unfair because he had acted in self-defence during the incident, claiming his colleague had been aggressive and threatening toward him.
He further contended that his employer failed to provide proper procedural fairness by not giving him adequate time to respond to allegations and by not meeting contractual obligations regarding travel arrangements.
The case raised important questions about workplace disciplinary procedures and the circumstances in which physical confrontations between employees might be considered with mitigating factors, even when company policies explicitly prohibit fighting.
The incident occurred on 18 September 2024 at Wiluna Mine in Leonora, Western Australia. The worker had been employed as a full-time operator since March 2023, working on a fly-in-fly-out basis while living in Queensland.
The confrontation began when the worker observed a colleague driving into a parking area at what he believed was excessive speed, creating dust. After approaching his colleague about the issue, a heated exchange followed.
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