The former business development manager of Optus Business Centre East Brisbane is suing the company in a breach of general protections suit.
The salesman's employment with Mobycom Mobile, which trades under the Optus name, was terminated on 23 May after just over four months following allegations of “serious misconduct”, including alleged assault.
The applicant told the Queensland Federal Circuit Court that he only acted in self-defence and that he was restraining a colleague to prevent further attacks.
He told the court he had "worked in the professional industry for the past 12 years, but he had never witnessed the extent of inappropriate and unacceptable behaviour which occurred at the employer's business premises".
The business development manager claimed he himself had been assaulted by a colleague, claims the employer denied. It was also alleged that Mobycom failed to pay the correct base wages, overtime and commissions; that it didn’t maintain true and honest payslips; and that it failed to maintain proper record keeping.
Mobycom denied the allegations, arguing the termination was the result of serious misconduct, including assault. The company also claimed that the sacked employee did not raise any work, health and safety complaints during his employment with the company, that he was not forced to take overtime and that he was not entitled to any commissions in April and May.
The applicant is seeking $73,365 in compensation, plus interest, for damages caused by alleged contravention of parts of the Fair Work Act.
CRN contacted the applicant and Mobycom Mobile's management for comment.
The case is ongoing.
Updated 10.17am 10 August 2018 with the correct compensation amount as it appears in the Statement of Claim.