Tribunal Decision – Workplace Safety

Malcolm Refalo vs Ramilene Office Supplies Lt dealt with an aggressive altercation which lead to a dismissal. The Industrial Tribunal made a decision on whether this termination was just on the 22nd of April 2024. Malcom Refalo was an employee at Ramilene Office Supplies Ltd as a Sales Representative. The latter company had acquired another company, CDS, and employed a new General Manager, who was the owner of CDS, overseeing both companies (CDS and Ramilene Office Supplies Ltd). This case revolved around several incidents having occurred  between the plaintiff and the General Manager, which finally led to a physical altercation. A few days after this altercation Mr Refalo’s employment was terminated due to this unacceptable behaviour in the workplace.

The Tribunal highlighted that the employer has an obligation to provide a safe environment for their employees, and any type of aggression in the workplace is considered a serious violation of the employer’s obligation.

From evidence produced, the Industrial Tribunal saw that the Company did not want to get rid of the Mr Refalo due to any animosity they had against him, as the plaintiff also had a relationship not only of work but also on a family level.  

The Industrial Tribunal concluded that the company based its decision on maintaining the necessary control over workplace safety. Therefore, the Tribunal was convinced that the defendant Company made the decision for dismissal at an appropriate time, and thus the termination was just and lawful. The Tribunal still ordered that what was due to the plaintiff to the date of termination of his employment should be paid.