An employee has been granted a ruling for unfair dismissal by the Fair Work Commission despite threatening to kill his manager; emphasising the importance of seeking an employee’s version of events.
The Commission unveiled that in February 2019, a Foamex Group employee was unfit for work for three days due to a rash on his body. Upon a phone call with his manager who urged the worker to attend a meeting, the employee attended the worksite to inform his manager of his medical condition and of his belief he was not being fairly treated in relation to overtime.
When attending the worksite, the employee was observed to have been barely able to stand and slurring his words. He also was seen by a co-worker to pull out a knife and say he was going to kill his manager. He was consequently arrested and charged.
The Commissioner noted that she wasn’t satisfied that the employee pulled a knife due to the lack of clarity of the CCTV footage. Further, while she acknowledged his unwell state and the potential of having threatened his manager, the Commissioner ultimately ruled in favour of unfair dismissal as the employee was not advised of his dismissal or given an opportunity to respond or explain. Despite this, there was no compensation ordered to the employee due to his clear misconduct.
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