FWC says fighting in the workplace can be justified

It's widely accepted that physical violence in the workplace is not tolerated, especially in high risk environments like mine sites where such conduct can be particularly dangerous. In many cases fighting in the workplace leads to dismissal. However, in a recent decision, the Fair Work Commission (the Commission) has ordered that a mine worker be reinstated to his position after he was dismissed for fighting with a co-worker. The case illustrates that there is no presumption that fighting in the workplace will automatically mean that a dismissal is fair, and that regard must be given to all the circumstances in which the fight occurred.

Background

In David Wuele v Central Queensland Services Pty Ltd, the Commission was required to make findings in relation to an altercation between two employees, Mr Wuele and Mr Torcello. The two men were travelling in a dual cab ute being driven by a third person. Mr Wuele was sitting in the passenger seat and Mr Torcello was