The Fair Work Commission has ruled a Melbourne worker was fairly dismissed for serious misconduct after punching a colleague in the head following his work Christmas party. The worker argued he had acted in self-defence after his colleague invaded his personal space and called him a “weak f**king c**t.” He also contended that the incident was not connected to his employment as it took place off-site and after-hours. However, the Fair Work Commission rejected both arguments, ruling that the worker’s actions were “not necessary, proportional or reasonable.”
In this article, we look at the events of this unfair dismissal VIC case Cameron Bell v Arts Centre Melbourne [2026]. Later, we’ll look at another case involving a miner who punched a colleague twice and ended up winning a $29,000 unfair dismissal payout.
Cameron Bell started as a building maintenance officer at Arts Centre Melbourne in January 2020. His employment went without incident until almost five years later on 9 December 2024; the night of the company Christmas party. Once the party wrapped up, Mr Bell and around 20 colleagues walked roughly 200 metres to a nearby bar, Beer DeLuxe. In the smoking area of the bar, Mr Bell started chatting with Mr Ben Anderson, ACM’s head of venue planning, whom he had never met before.
Fair Work unfair dismissal records detailed that during the chat, Mr Anderson criticised other ACM staff in a forceful manner that may have included swearing. Mr Bell responded by saying “that’s gay,” prompting Mr Anderson, who is gay, to raise his voice and tell Mr Bell he found the comment offensive. The Fair Work Commission found Mr Anderson had “gone off his head” in response. Mr Bell then attempted to leave the situation.
What happened next was disputed. Mr Bell claimed Mr Anderson followed him closely, invaded his personal space and called him a “weak f**king c**t.” Mr Bell initially claimed that he had “shoved [Mr Anderson] hard,” causing him to fall back “three or four metres.” However, he later claimed that he threw a “clumsy push” using his fingers rather than a closed fist.
A colleague who witnessed the incident gave evidence that he saw Mr Bell deliver a “sloppy big right-hand punch,” describing it as “a classic pub punch.” Beer DeLuxe’s venue manager described the CCTV footage to the Fair Work Commission. He said that “the man in the Santa hat” punched the other man in the head once. That man then “fell backwards into a heater” before the “man in the Santa hat leaves.”
The day after the incident, ACM suspended Mr Bell on pay pending an investigation into allegations of “physical violence.” He told his employer that he had been “scared” during the incident and hence he had pushed Mr Anderson. On 19 December 2024, Mr Bell faced termination of employment for serious misconduct. The investigation found that his response to Mr Anderson’s admittedly inappropriate conduct “was not proportionate.”
ACM’s own investigator recommended Mr Anderson receive a written warning for his disrespectful communication. This recommendation was initially authorised by the CEO, before being overturned by the company’s head of HR.
In his Fair Work unfair dismissal claim, Mr Bell argued:
Mr Bell’s Fair Work unfair dismissal claim was decided by the Fair Work Commission in August 2026. It found that the incident was connected to Mr Bell’s employment. This was because Mr Bell had walked to the bar with a group of ACM workers directly from the Christmas party. Also, Mr Bell and Mr Anderson were only interacting because of their shared employment.
Ultimately, the Commission deemed Mr Bell termination for serious misconduct was fair for the following reasons:
In Weule v Central Queensland Services Pty Ltd [2025], a coal miner who was fired for punching a coworker successfully argued that he had done so in self-defence. He claimed the assault was in response to being grabbed and bitten by his coworker, who later requested their employer not to sack the miner. The Fair Work Commission found the employer had taken “a very rigid and narrow view” of whether self-defence could ever justify hitting someone. The Commission concluded that the miner was entitled to defend himself, reinstating him to his job and awarding him $29,318 in lost pay.
David Weule worked as a production operator at the Caval Ridge Mine in Queensland’s Bowen Basin, employed by Central Queensland Services. The incident that led to his termination of employment happened just after 10:30pm during a night shift. Mr Weule and a colleague, Mr Torcello, were travelling as passengers in a work vehicle on a haul road, with a third worker driving. The altercation began after Mr Weule told Mr Torcello that he thought his own dozer was “sick of cleaning up after” Mr Torcello’s. The remark was later deemed by the Fair Work Commission as “passive aggressive.”
The pair began arguing and swearing at each other, before Mr Torcello leaned forward from the back seat and grabbed at Mr Weule. This caused minor facial injuries, with Mr Torcello biting Mr Weule’s thumb during the struggle. The driver stopped the vehicle and told the two men to stop fighting. Mr Weule got out, opened the rear door where Mr Torcello was seated, and the two continued to tussle. Mr Weule then punched Mr Torcello twice and restrained his hands until they separated.
Mr Weule reported the incident to police, alleging Mr Torcello had assaulted him. The day after the fight, Mr Torcello resigned, writing that he had let himself down through his “totally unbecoming behaviour.” He specifically asked Central Queensland Services not to sack Mr Weule over the incident. However, the company did so regardless, finding he breached its behavioural standards.
In his Fair Work unfair dismissal claim, Mr Weule argued:
Mr Weule’s Fair Work unfair dismissal claim was heard by the Fair Work Commission in May 2025. It decided in his favour, ordering Mr Weule be reinstated to his former role with his continuity maintained. His employer was also ordered to pay Mr Weule $29,318 in lost pay. This decision was based on the following findings:
Yes, in certain circumstances. Under the test established in Rose v Telstra Corporation Limited (1998), an employer generally has no right to control an employee’s out-of-hours conduct. However, an employee can be fairly dismissed if that conduct is serious enough to damage the employment relationship, harm the employer’s interests or be incompatible with the employee’s duties.
In Bell v Arts Centre Melbourne [2026], a worker was fired for striking a colleague at a bar after their work Christmas party. The Fair Work Commission found a connection to the workplace because the incident occurred directly after the work Christmas party and involved two employees who only knew each other because of their shared employer. This meant the worker’s conduct, although out of hours, provided a valid reason for termination of employment.
Yes, in the right circumstances. Whether a physical response to an altercation was genuine self-defence, and whether that changes the fairness of a subsequent dismissal, depends on the specific facts. This includes who instigated the physical contact, whether the response was proportionate and whether the employee had reasonable alternatives available.
In Weule v Central Queensland Services Pty Ltd [2025], the Fair Work Commission found the worker was entitled to defend himself after a colleague grabbed and bit him during an altercation in a work vehicle. It ruled that his response of punching the colleague twice was proportionate and reasonable in the circumstances. His termination of employment was therefore ruled unfair.
At A Whole New Approach, we have spent more than 20 years helping Australian workers understand their rights and pursue Fair Work claims. If you have been unfairly dismissed or faced adverse action, discrimination or harassment, we can help you take action.
Your first consultation is free and completely confidential, with no obligation, and we work on a no-win, no-fee basis. Strict time limits apply to unfair dismissal claims, so don’t wait. Call us any day of the week on 1800 333 666.
