A real-life case study showing how fair process, clear communication, and expert guidance can protect your business.
The Incident
A serious workplace incident occurred when two employees became involved in a dispute in a staff break room. Employee 1 initiated a physical altercation with Employee 2, resulting in significant physical injury to Employee 2.
Immediate Action
The member sought advice from MGA immediately following the incident. A formal investigation was initiated, including collecting witness statements, completing an internal incident report, isolating relevant CCTV footage, and notifying the Workcover insurer.
Employee 1 was contacted and offered Employee Assistance Program (EAP) support, and was requested to provide a written account of the incident, maintain contact during personal leave, and advised they require medical clearance before returning to work. Employee 2 was also offered EAP support, asked for a written account, and consulted on appropriate return-to-work steps. MGA provided draft template letters to ensure all communications were compliant and professional.
Investigation and Disciplinary Meeting
When Employee 1 was ready to return to work, they were suspended pending investigation due to the nature and seriousness of the incident. MGA guided the member through the investigation process, including providing templates and a meeting guideline to ensure the process was fair and legally defensible.
Employee 1 attended a formal meeting with a support person but did not provide any justification for the altercation or the severity of the injuries. The member made detailed notes throughout the meeting to ensure a clear record of the discussions.
Employee 2 returned to work with appropriate medical oversight. A formal meeting was conducted with Employee 2 to explain the investigation process, reassure them that the matter was being thoroughly addressed, and reinforce confidentiality obligations.
Outcome
Following a thorough investigation and disciplinary process, the member determined that termination for serious misconduct was the only reasonable outcome. MGA confirmed that the conduct met the legal definition of serious misconduct, supporting termination without notice.
Templates and guidance were provided to initiate the termination, including inviting Employee 1 to an outcome meeting with a support person. During this meeting, Employee 1 was informed of the investigation findings and the outcome, and received written notice of termination.
After the Outcome
Employee 1 lodged an unfair dismissal application with the Fair Work Commission. MGA Legal represented the member and successfully demonstrated that the incident did not constitute unfair dismissal.
Evidence showed that the altercation met the legislative definition of serious misconduct and that immediate termination without notice was warranted. The investigation and disciplinary process were thorough, fair, and well-documented, clearly showing the member took the incident seriously and acted appropriately. As a result, the unfair dismissal claim was unsuccessful, benefiting the member.
Key Learnings: Handling Serious Misconduct
- Investigate fairly and thoroughly
Even when misconduct seems obvious, a clear and documented process is essential to mitigate legal risk. - Use suspension wisely
Suspension pending investigation is appropriate when safety or the seriousness of the conduct is a factor. - Keep detailed records
Formal letters, meeting notes, and written accounts are critical for protecting the employer and supporting decisions. - Communicate clearly and consistently
Transparent, professional communication reassures all parties and reinforces fairness. - Follow proper procedures for termination
A lawful, well-documented process strengthens your position if an unfair dismissal claim arises. - Leverage expert guidance
Templates and guidance, like those provided by MGA, help ensure compliance and confidence throughout the process.
Facing a complex employee issue? MGA can guide you every step of the way with expert HR and legal support. Contact our Employment Advisory team on 1800 88 479 or submit an online enquiry.
