The applicant Thomas Garrow performed duties as senior grinder

Added on - 22 Sep 2019

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The applicant Thomas Garrow performed duties as senior grinder for MGA Australia Pty Ltd at itsAdelaide site from April 20012 until his employment was terminated on February 2015. Theapplicant’s employment was terminated for reason of aggressive and threatening conduct, particularlyso in relation to a co-worker. At the time of the termination of the applicant’s employment, theapplicant 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 operatingthe cutting machine.The reasons for the termination of his employment resided in his conduct over the period from November2014 to February 2009. During this period the applicant had a number of times shown an aggressiveattitude toward his co-worker and management at times becoming agitated and swearing at co-workersincluding Ms Parker the HR/Payroll Manager.Ms Parker gave evidence that the applicant complained about management issues to her and on theseoccasions 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 theserespects.The reason for this, according to Mr Suthouse the production manager, was that the applicant would notrespond positively or constructively to warnings, which would become sources of conflict in their ownright. 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.
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