Mr H’s pay was reduced by a small amount. He believed that it was because he had taken an extended lunch break two days earlier - although his pay had been reduced by more than the 45 minutes he was late. Mr H discussed the situation with a workmate and this conversation got back to the Foreman. Mr H said that the Foreman came up to him, stood close to him, gave him the fingers and poked him in the chest.
This altercation between the Foreman and Mr H came to Mr D’s attention. Mr H said that he explained to Mr D that the Foreman had poked him in the chest and given him the fingers but that Mr D told him that he was “useless” and he wouldn’t have gotten the job if it was not for his mother.
Mr H said he left the office to get his lunch box and Mr D followed him, pushed him three or four times against a solid concrete wall and pushed his head into a table. Mr H said that while this was occurring, the Foreman threatened to punch him in the face.
Mr H rang his father who arrived and took him home. As Mr H and his father left the factory, Mr D yelled out “don’t bother coming back”.
Mr H didn’t return to the workplace and to compound his misery, he was told by his mother (whom he was living with) to move out .He told the authority he was sad that his mother thought he was to blame for the situation.
The authority found that Mr H had been unjustifiably dismissed. Mr H was awarded lost wages of $9,000 and compensation of $7,500
There are a number of lessons to be learnt from this not the least that physical violence and verbal threats are simply not acceptable in the modern workplace.
