{"id":9004,"date":"2025-06-28T14:59:29","date_gmt":"2025-06-28T04:59:29","guid":{"rendered":"https:\/\/workn.net.au\/?p=9004"},"modified":"2025-07-11T17:33:22","modified_gmt":"2025-07-11T07:33:22","slug":"when-off-duty-conduct-costs-you-your-job","status":"publish","type":"post","link":"https:\/\/workn.net.au\/?p=9004","title":{"rendered":"When Off-Duty Conduct Costs You Your Job"},"content":{"rendered":"\n

The \u2018Bad\u2019 in the \u2018Good, the Bad and the Ugly\u2019 from our podcast on\u00a0Independent Contractor Update<\/a>\u00a0from 27 June 2025.<\/p>\n\n\n\n

When Off-Duty Conduct Costs You Your Job: FWC Dismisses Unfair Dismissal Claim Over Elevator Altercation<\/strong><\/p>\n\n\n\n

In Zheng v Citic Pacific Mining Management Pty Ltd<\/a><\/em> ([2025] FWC 1471), the Fair Work Commission dismissed an unfair dismissal claim brought by a worker who was terminated following an altercation in an office elevator before work.<\/p>\n\n\n\n

The case is a clear reminder that \u201coff-duty\u201d conduct can still justify dismissal if it has a sufficient connection to the workplace and employer interests.<\/p>\n\n\n\n

What Happened?<\/strong><\/p>\n\n\n\n

Mr Zheng was employed as an Operator Maintainer Technician by Citic Pacific Mining Management (CPMM<\/strong>). On his way to work one morning, he became involved in a physical and verbal altercation with a woman in the elevator of the building where CPMM\u2019s Perth office is located.<\/p>\n\n\n\n

CCTV footage showed Mr Zheng deliberately pushing the woman in the back and yelling \u201cf* off\u201d** after she attempted to pass him while exiting the lift. Another employee witnessed the incident and reported it. Following an internal investigation and review of the footage, Mr Zheng\u2019s employment was terminated for misconduct.<\/p>\n\n\n\n

Mr Zheng argued that:<\/p>\n\n\n\n