Fighting and empathy: two sides to every story when terminating employment

Key Points:

No matter how grave and destructive an employee's conduct may be, the employer must also look at the issues from the employee's perspective.

In 1973 Elton John had a hit with "Saturday Night's Alright for Fighting". While even this is, with the greatest of respect to Elton John and his lyricist Bernie Taupin, a dubious proposition, no night (or day) at work is alright for fighting.

Yet, in a recent decision of Commissioner Hampton in Gwatking v Schweppes Australia Pty Ltd [2015] FWC 3969, an employee successfully challenged the termination of his employment, notwithstanding that he was found to have actively participated in a physical altercation.

The case is yet another reminder of the complexities and nuances in any decision to terminate employment.