Edwardo Perez v Extruded Metals Pty Ltd and Klem Naumovski v Extruded Metals Pty Ltd [1995] IRCA 129

Edwardo Perez v Extruded Metals Pty Ltd and Klem Naumovski v Extruded Metals Pty Ltd [1995] IRCA 129

Both applicants were summarily dismissed for fighting at work, an offence universally understood to justify instant dismissal. The employer conducted an adequate investigation, provided the applicants with an opportunity to respond, and was not aware of the full depth of animosity between the two workers. Dismissals were not harsh, unjust or unreasonable, and both procedural and substantive fairness were afforded.

Parties
Applicant: Edwardo Perez; Applicant: Klem Naumovski; Respondent: Extruded Metals Pty Ltd
Jurisdiction
Australia
Judgment Date
30 March 1995
Procedural Posture
Industrial Dismissal Application / Judgment After Hearing
Outcome
Applications dismissed
Legal Topics
Unfair Dismissal, Summary Dismissal, Workplace Violence, Procedural Fairness
Industrial Law Unfair Dismissal Summary Dismissal Workplace Violence Procedural Fairness

Case Brief

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Parties

Edwardo Perez

Applicant

Klem Naumovski

Applicant

Extruded Metals Pty Ltd

Respondent

Procedural Posture

Industrial Dismissal Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicants' dismissals for fighting in the workplace were harsh, unjust or unreasonable
  2. 2 Whether proper procedures were followed in investigating and effecting the dismissals
  3. 3 Whether fighting constitutes valid reason for summary dismissal under the applicable award and industrial law

Ratio Decidendi

Both applicants were summarily dismissed for fighting at work, an offence universally understood to justify instant dismissal. The employer conducted an adequate investigation, provided the applicants with an opportunity to respond, and was not aware of the full depth of animosity between the two workers. Dismissals were not harsh, unjust or unreasonable, and both procedural and substantive fairness were afforded.

Court Disposition

Applications dismissed

Orders

  • The applications be dismissed.