| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed summary dismissal unjustified as assault was provoked – Respondent argued incident serious and dismissal concluded after proper investigation held – Applicant instructed by supervisor (“W”) to complete task – Applicant refused and W repeated instructions – Verbal altercation occurred and applicant assaulted W causing serious injuries – Applicant alleged W pushed applicant first therefore assault in retaliation – Respondent immediately commenced investigation – Applicant, W and witnesses interviewed – Applicant suspended on pay until investigation completed – Witnesses present when verbal altercation occurred, however none present when assault occurred – No CCTV footage of assault – Meeting held – Respondent presented evidence to applicant and sought further information – Applicant claimed provocation – Respondent concluded from evidence first, applicant refused to carry out lawful instructions – Second, applicant used inappropriate language – Third, applicant initiated assault – Applicant dismissed for serious misconduct – Applicant’s union subsequently investigated incident, concluded mutual culpability, and recommended different outcome – Authority found respondent immediately commenced investigation and both parties given opportunity for explanation – Found procedures fair and reasonable – Found respondent’s conclusion applicant not provoked reasonable – Found respondent’s conclusion further supported by parties’ physical sizes and applicant left unharmed while W suffered injuries – Found union’s investigation post-dismissal therefore not part of respondent’s decision – Found even if union’s investigation held before respondent’s decision made, dismissal would still have occurred - Dismissal justified – UNJUSTIFIED DISADVANTAGE – Applicant claimed suspension unreasonable – Authority found suspension warranted as assault serious, applicant needed cooling off time, and fair investigation needed to be conducted immediately – No disadvantage – Trainee Cargo Handler |