MGA Australia Case Study: Unfair Dismissal and Garrow's Argument

This case study examines the unfair dismissal of Mr. Garrow from MGA Australia. The assignment focuses on the reasons for his termination, which included aggressive behavior and a history of conflicts with coworkers and management, particularly after an incident causing significant product loss. The case explores the lack of formal warnings given to the applicant and the production manager's strategy of redirecting his attention to his tasks. The core of the assignment involves arguing for the applicant that the dismissal was unfair, analyzing the circumstances surrounding the termination, and the employer's actions. The assignment requires a critical analysis of the evidence presented, the policies and procedures followed (or not followed), and the legal and ethical implications of the dismissal. The student is expected to provide a well-reasoned argument supporting the applicant's claim of unfair dismissal, referencing relevant employment law and case precedents.

The applicant Thomas Garrow performed duties as senior grinder for MGA Australia Pty Ltd at its
Adelaide site from April 20012 until his employment was terminated on February 2015. The
applicant’s employment was terminated for reason of aggressive and threatening conduct, particularly
so in relation to a co-worker. At the time of the termination of the applicant’s employment, the
applicant was provided with 4 weeks payment in lieu of notice.
The initial relevant incident appears to have occurred in November 2014, when the applicant caused
$35,000 worth of product loss for reason that he had incorrectly cut a sheet of steel plate whilst operating
the cutting machine.
The reasons for the termination of his employment resided in his conduct over the period from November
2014 to February 2009. During this period the applicant had a number of times shown an aggressive
attitude toward his co-worker and management at times becoming agitated and swearing at co-workers
including Ms Parker the HR/Payroll Manager.
Ms Parker gave evidence that the applicant complained about management issues to her and on these
occasions she felt threatened by the applicant for reason of his demeanour.
It was alleged that at no time was the applicant given any formal warnings for his behaviour in these
respects.
The reason for this, according to Mr Suthouse the production manager, was that the applicant would not
respond positively or constructively to warnings, which would become sources of conflict in their own
right. Instead, the Mr Suthouse attempted to redirect the applicant and focus him upon his tasks.
Argue for the applicant Mr Garrow that the dismissal WAS UNFAIR.