If you assault someone at work, can you be justifiably dismissed if it was in self-defence? This is the question the Fair Work Commission had to answer in a recent unfair dismissal case involving a Queensland roadside assistance officer.
The officer got into a fight with a tow truck driver in which he took eight blows to the face. However, there was far more to it than this. The officer admitted to assaulting the driver beforehand, but he claimed it was justified.
In this article, we explain who the Fair Work Commission found guilty of starting the fight and all the events of this unfair dismissal case – Christopher Cullen v RACQ Operations Pty Limited [2025].
Christopher Cullen began working for RACQ (Royal Automobile Club of Queensland) in March 2023 as a vehicle recovery officer. The company is Queensland’s peak motoring body that provides roadside assistance and insurance to its around 1.7 million members. Mr. Cullen’s job involved providing roadside assistance to members.
The event that led to Mr. Cullen’s dismissal took place at about 8AM on 19 September 2024. Mr. Cullen was attending a roadside call for what was reported as a flat tyre. Upon arrival, he observed that the vehicle had a “severed ball joint,” suggesting a more significant issue than a simple flat tyre.
While Mr. Cullen was securing the scene with cones and preparing to recover the vehicle, two tow truck drivers arrived. One of the drivers told Mr. Cullen that the vehicle appeared to have been involved in an accident. According to the driver, this meant that the RACQ was not authorised to assist in the recovery, as the company is only authorised to tow breakdown vehicles.
An audio recording captured Mr. Cullen’s phone call to RACQ’s dispatch centre. He told them that the tow truck driver was in his work site and that he “won’t get out of here.” He also requested that police be called. The transcript of the call captured Mr. Cullen saying that the tow truck driver was being “non-compliant” and that he was “obstructing.” Overhearing this, the tow truck driver retorted, “obstructing yeah right.”
The situation further intensified when Mr. Cullen said to the truck driver, “don’t touch the car, oi.” This prompted the tow truck driver to respond, “don’t be talking to me like that.” He went on to say that if Mr. Cullen put his hands on him, that they could “walk to the corner right now.” The tow truck driver then yelled, “get your [expletive] hands off me mate.” The transcript showed that at this point, dispatch said “[expletive] are you OK Chris, I’m calling the police.” The call then ended.
When the tow truck driver knelt down to inspect the wheel, things turned physical. Video footage reviewed by the Fair Work Commission at Mr. Cullen’s unfair dismissal hearing showed him placing his right hand on the tow truck driver’s chest. He then used both hands to push him backwards. This is when a scuffle ensued.
The footage showed Mr. Cullen performing a “leg sweep” on the tow truck driver. This caused the driver to fall to the concrete footpath and drag Mr. Cullen to the ground with him. While on the ground, the tow truck driver was seen rolling over and punching Mr. Cullen “seven or eight times” in the face. A second tow truck driver then raced in to stop the fight. Mr. Cullen then left the scene, allowing the tow truck driver to recover the vehicle.
Mr. Cullen provided RACQ with an incident report. In it he claimed that he had asked the tow truck driver “numerous times” to get away from the vehicle. Despite this, the driver began assessing the wheel and started “touching” it. Mr. Cullen told the driver to stop touching the vehicle, but he “refuse[d] to comply.”
Mr. Cullen claimed that he then tried to create a “physical barrier” between the driver and the vehicle. He did this by placing his arm across his chest, before telling him to get away from the vehicle. Mr. Cullen said that the driver then mouthing threats and “immediately” grabbed him by the shirt and body.
Mr. Cullen then grabbed the driver’s clothing and tried to push him away. He then claimed to have “moved” the driver to a nearby grassy area, where he “leg swept” him to the ground. Mr. Cullen claimed this move was an attempt to “defuse” the situation. He said that the driver was “very strong” so was able to roll him onto his back. He then “repeatedly” punched Mr. Cullen in the face. Mr. Cullen said that he then managed to talk the driver ang get him to stop punching him.
However, RACQ’s investigation found that there were discrepancies between Mr. Cullen’s initial incident report and the video footage. On 4 October 2024, Mr. Cullen was issued a letter of serious concerns and suspended on full pay. The letter alleged that he had “escalated” a heated verbal altercation, which then led to a “physical altercation.”
RACQ pointed out that Mr. Cullen “further escalated” the incident by performing a leg sweep. These actions were deemed breaches of his position description, RACQ’s Safety Management System, Code of Conduct, and the Queensland Work Health and Safety Act 2011.
With dismissal looming, a few days later Mr. Cullen provided a written response denying the allegations and asserting he acted in self-defence. He stated that it was “categorically false” that he pushed the other driver as he was kneeling down. However, he later told his employer that “at no stage did I deny touching” the tow truck driver.”
Mr. Cullen claimed that he was the victim of a “serious criminal offence.” He said the incident was a matter for the police to resolve rather than RACQ. Mr. Cullen claimed that he “did not at any time strike [the driver] back in self-defence” while he was sustaining blows to the face. He also argued that no RACQ policies, procedures or Fair Work regulations “can override my right to self-defence.”
Mr. Cullen argued that because the driver was “aggressively grabbing me,” he had “no other option” but to take him to the ground. He claimed this was to create space to get away from him. Mr. Cullen said this was why he performed the leg sweep, which he said resulted in the driver “sitting directly on top of me.”
About a week later, RACQ issued a show cause letter to Mr. Cullen. The company retracted the allegation that he initiated a heated verbal altercation. However, it had substantiated other concerns based on the evidence. The letter noted that while Mr. Cullen took appropriate initial steps by contacting dispatch, he “did not follow” his training. He had been trained to retreat from such hostile interactions, rather than engage in them.
RACQ said that rather than retreating or acting in self-defence, he had taken an “authoritative approach.” The company said that video evidence clearly showed that Mr. Cullen “did shove/push” the truck driver. It therefore deemed that he had played the chief role in “initiating physical violence.”
On 23 October 2024, Mr. Cullen was dismissed by RACQ. His termination letter cited that his conduct was inconsistent with workplace training and practices. RACQ said that this put Mr. Cullen and others at risk. It described the way in which he initiated physical contact with the tow truck driver as “unacceptable.”
Feeling he had been hard done by, Mr. Cullen submitted an unfair dismissal claim with the Fair Work Commission. His claim proceeded to a conciliation with RACQ in January 2025, which was arbitrated by the Commission. The conciliation, however, did not end with the parties agreeing on a resolution.
Mr. Cullen’s claim therefore proceeded to a formal hearing at the Commission in May 2025. He argued that he had not started the fight. Mr. Cullen denied that he had pushed the tow truck driver when he was kneeling. He said that he was “set upon” by the driver. He claimed that he had merely put his hand above the driver’s shoulder and used his foot to create space. Mr. Cullen also argued that he had performed the leg sweep to “deescalate” the situation.
However, while under cross-examination, Mr. Cullen admitted that he did in fact push the tow truck driver. He also admitted that pushing is an assault. Mr. Cullen still argued to the Commision that his assault of the driver was justified under Queensland’s Criminal Code. Namely, because it was performed in self-defence, according to him.
The Fair Work Commission reviewed the video footage and audio of the incident before providing its findings. It also reconstructed the incident to work out who started the fight. All this led to the conclusion that Mr. Cullen had not acted in self-defence. Rather, had had started the fight after he pushed the tow truck driver with both hands while the latter was kneeling. This initiated “physical violence” and the driver “aggressively reacting.”
The Commission said that Mr. Cullen’s argument that the leg sweep would defuse the situation was dismissed as having “no basis in reality.” It said that since the incident he had many opportunities to reflect on his actions. However, it was noted that Mr. Cullen still maintained that he could not have acted differently. It was accepted that the tow truck driver later punched Mr. Cullen in the face “seven or eight times.”
The Fair Work Commission found that rather than acting in self-defence, Mr. Cullen had “escalated the situation.” This action opposed his training and RACQ policies. It was noted that instead of confirming the vehicle’s accident status with the RACQ member and disengaging, Mr. Cullen decided to place himself “between the tow truck driver and the vehicle.”
The Commission said that Mr. Cullen could have “[used] his words” to explain to the driver that the vehicle may be in a state of disrepair that made it dangerous to touch. However, the Commission highlighted the fact that Mr. Cullen instead told the driver to move away from the vehicle, before pushing him. This could have caused the driver to “fall backwards onto the concrete” and “seriously” injure him. Mr. Cullen’s actions were described as “deliberate.”
The Fair Work Commission highlighted the testimony of an RACQ representative. The representative questioned “what exactly [Mr. Cullen] expected would happen” when he pushed the tow truck driver. The representative asked this question while remarking that the roadside assistance industry is not one made up of “shrinking violet[s].”
The Commission noted that the incident occurred “in front of a client” whilst Mr. Cullen was wearing an RACQ uniform and next to a company truck. The fight had taken place in “full view” of the public. This all meant that Mr. Cullen’s actions posed a “serious and imminent” risk to RACQ’s reputation. Mr. Cullen’s admission that his push was an “assault” further solidified the finding of serious misconduct.
A significant factor in the Fair Work Commission’s decision was Mr. Cullen’s lack of honesty and remorse. It found his testimony to be “self-serving” and his answers “consistently evasive.” The Commission noted that Mr. Cullen had made false statements. This included his categorical denial of pushing the tow truck driver. This denial, of course, was later contradicted by video evidence.
The Commission also noted that Mr. Cullen had falsely claimed that no one thought to contact an ambulance for him. This was despite being offered an ambulance by an RACQ employee, which Mr. Cullen had declined. The Commission said it was “puzzling” that he would continue to deny facts that were “objectively observable” from the video footage.
It concluded that Mr. Cullen demonstrated “no capacity” to accept that he had done anything wrong. The Commission noted that he stated under oath that he “would do the same thing all again.”
The Commission ultimately concluded that Mr. Cullen had committed serious misconduct. It therefore ruled that his dismissal was not unfair, and his claim was rejected.
If you have been dismissed for fighting or assault – especially while defending yourself – Australian Workplace Discrimination Representatives can help. As Australia’s leading employee representatives, we understand that workplace conflicts are rarely black and white.
With over 30 years’ experience, our team has supported thousands of workers who were unfairly sacked for standing their ground. We know how to navigate complex cases and present your side clearly to the Fair Work Commission.
Your first consultations with us is free and we act fast to protect your rights. Call 1800 333 666 for honest advice and expert representation.
