A man who was fired after throwing a shovel at someone and sending an abusive text to coworkers was unjustifiably dismissed, the Employment Relations Authority says.
Brendan Turner, whose employment was terminated from labour supply operations company Burnswick Grange Partnership last August, won his case after it was found his former bosses did not follow correct protocols when dealing with complaints against him.
According to Authority member Michael Loftus' determination, Mr Turner's dismissal stemmed from two incidents which were documented by the company.
However, there were also several complaints against Mr Turner - who has anger management problems and was on medication affecting his mood at the time - which were not raised with the employee when they occurred, the determination said.
The first incident relevant to Burnswick's decision to fire Mr Turner occurred last June when he kicked one of his colleagues after being tapped on the shoulder from behind.
