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When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".

The case involved a Vicpro Security employee assigned to work at Victoria University (VU).

During a night shift in January this year, the employee was involved in a heated and public altercation where he used abusive language including "mother f-cker" and "sister f-cker", while another guard "returned fire" with language at a level that a witness described as "fivefold".

Two days later, VU advised the employer it had conducted a review and found the workers' behaviour didn't meet its expectations. It asked that both be removed from the contract "effectively today"...