Bad look; fighting in the workplace

The Full Bench of the AIRC in Tenix Defence Systems Pty Ltd v Fearnley S6238 sets out the approach which should be applied by the Commission concerning alleged unfair dismissals due to fighting in the workplace. I do not intend to record all the cases cited in the Full Bench Decision but its summary, is as follows:
“We think these authorities support the view that in determining whether there is a valid reason for termination of employment arising from a fight in the workplace the Commission should have regard to all of the circumstances in which the fight occurred including, but not limited to:
– whether the terminated employee was provoked and whether he or she was acting in self defence;
– the employer’s need to establish and retain discipline amongst its employees; and
– the service and work record of the employee concerned.”
The approach to be adopted by the Commission is to examine “all the circumstances”as described by the Full Bench, or the “relevant factual matrix” to determine whether termination of an employee’s employment was harsh, unjust or reasonable. In doing so, the Commission must take into account the criteria in s.387 of the FW Act.
Gilbert v Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure (2015) FWC 5774 delivered 26 August 2015 per Cloghan C