Tradie sacked after workmate attacked him over a joke about his BULLDOZER has the last laugh
An Australian worker for one of the world’s largest mining companies was unfairly dismissed after he and a colleague got into an altercation over a bulldozer joke.
Deputy president of the Fair Work Commission Terri Butler said on Wednesday that David Weule from BMA Caval Ridge coal mine in Queensland should be reinstated by iron ore company BHP.
The sacking occurred over an incident on June 13, 2024, when he was traveling in a Toyota Hilux shortly after 10.30pm with two other men.
The tribunal heard that Mr Weule made a comment from the front passenger seat to his colleague, David Torcello, who was diagonally behind him.
‘I think my dozer is sick of cleaning up after your dozer,’ was the alleged statement.
Mr Weule described it as a joke but Ms Butler said it was a passive aggressive comment.
The two men argued and swore at each other before an altercation occurred while the car drove, with Mr Torcello grabbing Mr Weule from behind.
It caused minor injuries to Mr Weule’s face, as did a bite on the thumb, and the worker was scared, the tribunal heard.
A mine worker in his mid-50s was dismissed after his joke about clearing up after a colleague caused an altercation within and outside a car
The driver, Adam Hurley, stopped the Hilux and told the pair, both in their mid-50s, to stop fighting but the men got out of the car and ‘tussled’.
Mr Weule punched Mr Torcello twice and they continued to struggle until Mr Hurley yelled at them to stop.
Following the incident, Mr Weule complained to the police that his colleague had assaulted him.
Mr Torcello then resigned the following day, saying in his letter that he had been ‘belittled’ before a verbal and physical assault followed.
Meanwhile, Mr Weule told a BHP investigator he acted in self-defence in response to being attacked.
The company informed him in a letter that they were launching an investigation before dismissing him three months later.
The investigator told the tribunal that there was ‘zero tolerance’ for physical altercations and hitting someone was never acceptable.
Asked what was an alternative, the investigator said workers should remove themselves: ‘It may mean you might have to get punched unfortunately, but there are definitely other ways.’
The Fair Work Commission ruled that a mine worker was unfairly dismissed, noting that he was entitled to defend himself during the incident
Ms Butler ruled that Mr Weule was unfairly dismissed, and that it was ‘harsh, unjust and unreasonable’.
She said the circumstances were harsh and that he was ‘entitled to defend himself’ and there was no valid reason for termination.
The tribunal heard that he was not provided with a proper opportunity to respond.
A BMA spokesperson told Daily Mail Australia that the ruling was disappointing for the company.
‘The health and safety of everyone working on our sites is our first priority,’ the spokesperson said.
‘We are disappointed with this decision and do not condone violence of any kind.
‘We will continue to take the appropriate action to keep our workplaces safe and respectful.’
