Termination - need to consider all aspects before deciding on a penalty

A worker had been employed as a security officer for nearly eight years. He primarily worked at a hospital when in February 2024, an incident occurred between the worker and a patient in the mental health ward. The employer alleged the worker struck the patient in the back of the head, but the worker denied this claim, stating he had restrained the patient using appropriate training techniques.
 
The employer conducted an investigation, and the worker was given an opportunity to respond to the allegation, but he was only given one day to respond to the show cause letter. Given what he was told by witnesses, the employer decided to terminate the worker's employment. 
 
The employer determined the worker's actions as serious and wilful misconduct warranting immediate termination without notice.  Importantly, the employer did not consider the worker's request for a transfer to another site as an alternative to termination.
 
The employee maintained his actions were appropriate, within standards and importantly in mitigation he talked about his long service and good conduct and his ongoing studies in mental health and said taking in all of this - termination was harsh. The Employer, on the other hand restated that what he did was reasonable and it was a valid reason and given it was so serious, misconduct was appropriate. 
 
The FWC examined the evidence and found several inconsistencies in the employer's case, including the lack of direct witness testimony from nursing staff who allegedly saw the incident and video footage relied upon by the employer only showed post the incident. The FWC believed the worker's account of events, finding him to be honest and credible and the Commission stated, in all the circumstances, his actions appropriate, reasonable, and proportionate.
 
In summary, the FWC considered the dismissal was a proportionate response to conduct and the conduct was not sufficiently serious as to warrant dismissal and therefore the worker’s dismissal was both unreasonable and harsh.
 
These findings show employers need to carefully consider whether their disciplinary actions match the alleged misconduct, especially for long-standing employees with good work records. 
 
It also emphasises the need for thorough investigations before taking any disciplinary steps.