A Hunter Valley mine worker sacked after a heated clash with a colleague over how to do a job has won his position back, with the Fair Work Commission finding the sacking was too harsh given his clean record and the circumstances behind his outburst.
Paul Campbell worked as a production operator at the Mount Pleasant mine, operated by Thiess Pty Ltd, for around four years before he was dismissed over an incident with fellow operator Blake Sharp. The two argued over a two-way radio about how a task should be done, then continued the argument on the ground, where Mr Campbell raised his fist and threatened to hit Mr Sharp after being called an offensive name. (Deputy President Saunders described the argument and found the allegations against Mr Campbell were substantiated.)
What the Commission decided
The Commission found Thiess had a valid reason to dismiss Mr Campbell, since threatening a colleague at work breached his obligation to treat others with respect and work safely. (The Commission found this weighed against Mr Campbell's unfair dismissal claim.) But having a valid reason does not automatically make a sacking fair, and the Commission went on to find the dismissal was harsh both in its personal impact and because it was disproportionate to what Mr Campbell had actually done. ()
Several things tipped the balance. Mr Campbell had an otherwise good employment record, Mr Hyndes (his supervisor) gave evidence he was a competent worker he would be happy to have back, and the incident was isolated rather than part of a pattern. () The Commission also accepted that Mr Campbell had been
What this means
This case is a reminder that even where an employer can point to a valid reason for dismissal, such as a workplace altercation, the Fair Work Commission will still weigh factors like an employee's record and the proportionality of the response when assessing an unfair dismissal claim.