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A physical altercation at a "kick on" after a Christmas party was work-related, even though the event was "not in any way organised authorised or proposed" by the employer, the Fair Work Commission has found.

And the employer's policies required "elevated standards of conduct", so the employee's action – striking a colleague in the head after a disagreement – warranted dismissal, Commissioner Mark Perica said.

The Arts Centre Melbourne employee was summarily dismissed for serious misconduct on 19 December 2024. Ten days earlier, he'd been involved in a physical altercation with a colleague – the head of venue planning – who he hadn't previously met, but started talking to at a bar after the company Christmas party.

The pair disputed exactly what was said during the conversation, but in unfair dismissal proceedings Commissioner Perica accepted that the colleague criticised other staff members, and that the employee responded to something he said by remarking "that's gay"...