Dismissal Justified for Altercation

A recent Employment Relations Authority decision has reinforced what many business owners already know: when it comes to serious misconduct, your process is your shield. In this case, The Salvation Army dismissed a furniture store employee after an incident involving physical and verbal abuse towards a senior colleague. The employee, convinced management was plotting to close his store, let his distrust fester. When approached by a team leader who was simply trying to check in and offer support, he refused to engage, became verbally abusive, and physically pushed her before leaving the premises and calling her a derogatory name.

Both team leaders reported the incident immediately. The employer responded by collecting written statements, outlining the allegations in writing, and inviting the employee to a formal meeting to respond. The process was clear, fair, and gave the employee every opportunity to explain himself. The employer even adjusted the allegations where appropriate, showing genuine engagement with the employee’s perspective. Ultimately, the Authority found that the employer’s actions were not only reasonable, but necessary. The dismissal was upheld.

Key Learnings for Employers

• Process is everything. Prompt reporting, clear communication of concerns, and a genuine opportunity for the employee to respond are non-negotiable. The Authority specifically noted that the employer engaged with the employee’s explanations and adjusted its process accordingly. This is best practice.
• Don’t let conflict simmer. The real issue here was a breakdown in workplace relationships. The employee’s distrust and refusal to communicate had been ongoing. Early intervention – addressing concerns before they escalate – might have prevented the blow-up.
• Serious misconduct is just that. Physical and verbal abuse, including towards a senior colleague, is serious misconduct. The Authority was clear: such behaviour justifies dismissal. An employee’s speculative beliefs are not an excuse for unacceptable conduct.
• Fairness means listening – but not forever. The employer gave the employee every chance to explain himself. But when the facts were clear and the behaviour crossed the line, they acted. The Authority found this was not only reasonable, but necessary.

If you’re facing workplace conflict or need advice on managing disciplinary issues, don’t wait for things to escalate. Get in touch – we are here to help you navigate employment matters with confidence and clarity.