Yew v ACI Glass Packaging

The case of Yew v ACI Glass Packaging Pty Ltd is an application for reinstatement by Jason Yew to his former position of machine operator with the respondent, brought under the Industrial Relations Act. The applicant alleged that he was dismissed without justification, after a physical altercation with a colleague, Sean Swadling. The respondent argued that the dismissal was justified on the grounds of serious misconduct, specifically fighting. The Court found that while fighting on the job is serious misconduct, the circumstances surrounding the incident warranted a more nuanced approach. The Court determined that the applicant was not the sole aggressor and that the respondent failed to apply its fighting policy fairly, particularly given the applicant's non-English speaking background and the element of provocation. The Court held that the respondent breached sections 170 DC and 170 DE of the Act by not providing procedural fairness and summarily dismissing the applicant without a valid reason. Consequently, the Court ordered the respondent to pay the applicant compensation for loss of employment, totaling six months' salary plus an additional four weeks' salary.