Weule v Central Queensland Services [2025] FWC 1219
KEY TAKEAWAYS:
This Fair Work Commission (FWC) case reinforces the importance of investigators:
- approaching workplace investigations with an open mind and maintaining genuine impartiality during the investigation process
- avoiding predetermined conclusions even when company policies appear clear-cut, particularly in relation to physical violence in the workplace
- thoroughly exploring all the circumstances leading up to and surrounding a workplace incident including potential mitigating factors such as self-defence
- undertaking thorough and well-documented interviews
- exploring all evidence, including attempting to reconcile inconsistencies in witness statements and not favouring evidence that supports a particular outcome.
The case
In June 2024, a coal mine worker engaged in a physical altercation with his co-worker on a mine site. The incident started as a verbal argument between the two co-workers — who were passengers in a light vehicle travelling on a haul road to a crib hut at 10.30pm. It then escalated into physical violence inside the vehicle and outside when the driver stopped the car in an attempt to stop the fight.
The mine worker allegedly punched his co-worker multiple times, but claimed he was attacked first and acted in self-defence. His co-worker resigned the next day, for “unbecoming behaviour” that was “not in his nature” but stated both workers were at fault. In September 2024, following an investigation, the mine worker was dismissed from his job.
Two weeks later, the dismissed worker filed an unfair dismissal application with the FWC claiming he had acted in self-defence.
FWC commentary on the workplace investigation
The FWC was critical of the lack of impartiality and thoroughness of the internal investigation. The investigator:
- was criticised for not maintaining an open mind. It was suggested that he had already “formed an unshakeable view immediately following the altercation” and did not explore all the circumstances leading to the incident.
- did not explore key evidence or attempt to reconcile inconsistencies in witness statements. His various interview notes were described as “scant”, “incomplete” and “unclear”, which the FWC concluded was “consistent with [the investigator] going through the motions rather than keeping an open mind”.
Deputy President Butler stated: “[The investigator] clearly had a very rigid and narrow view about whether self-defence could ever be available as a justification in circumstances where a person had hit someone. These exchanges fortify my view that [the investigator] did not keep an open mind … having an open mind would have been necessary in order for [the worker] to have been given a proper opportunity to respond.”
FWC decision
The FWC concluded the mine worker’s dismissal was:
- harsh in light of the circumstances of the altercation and the lack of any adverse disciplinary history
- unjust because the mine worker was entitled to defend himself rather than allow a co-worker to attack him and the mine worker’s acts were proportionate and reasonable in the circumstances
- unreasonable because there was no valid reason for termination or alternatively because of the failure to provide him with a proper opportunity to respond.
The FWC ordered the mine worker to be reinstated.
The case highlights the importance of conducting thorough, fair, and unbiased workplace investigations that consider all relevant circumstances, particularly in cases of physical violence where self-defence could be argued.
More information
Q Workplace Solutions’ national team of legally qualified and licensed investigators are trusted by public and private organisations, including ASX-listed companies and government agencies, to investigate complex and often highly sensitive allegations of employee wrongdoing. We also undertake reviews of organisations, divisions or units, and provide training, coaching and external advisory support to internal investigators and teams.
To find out more about how we can support you and your team, contact us on 1300 944 049. For upcoming investigations training workshops visit our dedicated training arm, Q Workplace Training.
