It is fairly well known that fighting in the workplace will
justify dismissal. Fighting is unsafe and destroys confidence and
workplace relationships. But, like most rules, there are exceptions
and these can be difficult for employers to navigate.
In Sheridan v Health Secretary in respect of the Illawarra
Shoalhaven Local Health District [2021] NSWIRComm 1043, the
NSW Industrial Relations Commission examined some of those
exceptions in deciding whether a dismissal for fighting was
justified. The Commission also provided useful guidance on
allegation writing and decision-making.
The facts
Mr Sheridan and Mr Young were security guards at a hospital.
They had a poor working relationship but rarely worked together
until a fateful night shift on 27 September 2019.
