Log in or become a subscriber

The Fair Work Commission has rejected that an employee was unfairly dismissed for physically assaulting a coworker, despite flaws in the termination process and the overall harshness of the decision.

Deputy President Judith Wright said "multiple issues" weighed in favour of a finding of unfairness, but ultimately the employee's claim that he acted aggressively in self-defence could not be substantiated.

The employee had worked for ABC Tissue Products Pty Ltd as a process worker for 17 years when he was sacked in July last year for serious misconduct.

This followed an incident in which the employer alleged he physically assaulted a coworker, which the employee maintained was in self-defence, because the coworker was trying to steal money from him...