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FWCFair Work Commission · 29 June 2025

[2025] FWC 1471

Citation: [2025] FWC 1471

What happened

Mr Peng Zheng 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, Witness AB, in an elevator at the company's Perth office. Mr Zheng pushed Witness AB, which was captured on CCTV. Following the incident, Mr Zheng was dismissed on September 24, 2024, and he subsequently applied for an unfair dismissal remedy. Mr Zheng'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 Mr Zheng’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 Mr Zheng, Mr Chong (a CPMM employee), Witness AB, and Mr Lord (CPMM’s Acting Manager for Industrial Relations). The CCTV footage of the incident was a key piece of evidence. The Commissioner found inconsistencies in Mr Zheng’s account and gave more weight to the CCTV footage and the accounts of Witness AB and Mr Chong.

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1471.pdf

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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