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Provocation didn't excuse team leader's retaliation, threats: FWC
A team leader who choked a colleague and threatened to kill another after they "provoked" him was fairly dismissed, the Fair Work Commission has ruled, rejecting that his actions were a "fight or flight" response and therefore justified.
The Famios Pty Ltd team leader was sacked on 17 May this year for serious misconduct that caused an imminent risk to co-workers' health and safety.
In unfair dismissal proceedings, the Commission heard that on 11 May the team leader's brother – also a co-worker – was involved in a physical altercation with another staff member. The team leader intervened, however when doing so his brother pushed him.
The team leader retaliated by placing his brother in a "standing guillotine choke" and attempting to punch him, the Commission heard...
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