ARTICLE · 16 FEBRUARY 2022

Fighting at work can lead to disciplinary action, including termination

Hall Payne Lawyers

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Fighting is classified as Serious Misconduct & can lead to immediate termination.

AustraliaEmployment and HR

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A worker involved in a physical altercation in the workplace can face serious disciplinary consequences, including the immediate termination of their employment.

Fighting is classified as "serious misconduct" under the Fair Work Regulation. The effect of this is that if your employer sacks you for serious misconduct, they do not have to pay you notice and can terminate you with immediate effect. You may also miss out on long service leave entitlements in some cases.

What if the fight wasn't your fault or you were defending yourself?

A number of unfair dismissal cases have considered circumstances where employees have made an unfair dismissal claim after being terminated for fighting at work. The results of some of these cases indicate that a dismissal for fighting at work may be considered unfair, particularly in cases where self-defence, or other significant mitigating factors, are in play.

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