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Altercation after passive-aggressive comment didn't warrant dismissal

In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.

Deputy President Terri Butler found the employee's actions were "proportionate and reasonable" in the circumstances, while the employer took a "narrow view" to whether self-defence was ever warranted.

The Commission heard that in September last year Central Queensland Services sacked the coal mine worker for misconduct, alleging he punched a colleague "multiple times".

The employee, who worked at the Caval Ridge Mine, claimed his dismissal was unfair. He said the incident was "best characterised not as a fight but as an attack on [him] by [his colleague]"...

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