[2025] FWC 1471
What happened
The Applicant was employed by Citic Pacific Mining Management Pty Ltd. On September 16, 2024, he had a verbal and physical altercation with a member of the public, a witness, in an elevator at the company's Perth office. The Applicant pushed the witness, which was captured on CCTV. Following the incident, the Applicant was dismissed on September 24, 2024, and he subsequently applied for an unfair dismissal remedy. The Applicant's knee injury and subsequent light duties work are also relevant to the case. He had previously worked at a mine site.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Commission found that there was a valid reason for his dismissal and that the dismissal was not unfair. The Commissioner considered evidence from the Applicant, a CPMM employee, a witness, and CPMM’s Acting Manager for Industrial Relations. The CCTV footage of the incident was a key piece of evidence. The Commissioner found inconsistencies in the Applicant's account and gave more weight to the CCTV footage and the accounts of the witness and the CPMM employee.
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