Can I get fired for this?
Asked by Grant
I am a bouncer/security guard/crowd controller at a nightclub on the Gold Coast, Queensland, Australia. About 2 weeks ago, I was involved in a big brawl at work, which was the patron's fault. A patron (in a group of about 20 people) was very intoxicated, swearing and carrying on and causing disturbances. We caught him urinating on our back door, so we took his drink off him and asked him to leave. He refused, and all his mates crowded around us arguing about why he has to leave. We explained to them about the law that required us to cut service to people who are very drunk. Anyway, a fight broke out, they threw the first punch, and during the fight, I was punched in the back, in my lower spine. Since then my back has been killing me, and last weekend at work, it was much quieter than the week before, and I was leaning against the bar (not completely leaning over, just had one arm on the bar and was shifting my weight against it a little bit to take the strain off my back), and the regional manager came in and saw me. I explained to him what happened to my back, and showed him the full incident report I wrote out, which included me injuring my back. I was booked in to see a physio on the monday about it, and wasn't even claiming it on work cover. I am paying for the treatment out of my own pocket. I have now told that because I was "leaning", I am fired. They didn't care about excuses, they didn't want to hear it. My supervisor is going to talk to them in a meeting tomorrow, but i don't think it will do much good. I have only been working for the company for 2 months now, I have never had any other warnings, or told I wasn't doing my job properly, this was just this one night when my back was extremely painful.

Best Answer:
Yes, managers have the right to fire you for just about anything. In some cases you can be fired for no apparent reason at all.

As a bouncer you probably signed a waiver, so it's pretty difficult to claim compensation. In your case since you had joined for less than 3 months, you are probably still under probationary period, so yes, they can fire you.
Answered by Philip K

It's unfortunate, but yeah, they can fire you. However, if you think you were fired unjustly, you may wish to file a complaint with the appropriate labour standards office. You may not get your job back, but you may receive appropriate compensation. Keep whatever paperwork and documentation you have relating to the incident and write down EXACTLY what happened [try not to be too biased].
Answered by Karmen

You must have in your country some degree of free legal representation? I would also imagine you have employment rights? As a doorman are you regulated in any way by licence perhaps? If yes then maybe a medical showing you to be in good health 2 months ago may help. (Forgive any assumptions but there are always so many questions to ask of a client) I feel any claim for unfair dismissal may be fruitless due to the probability of a clause in your job offer (trial period etc) so personally I would not go down this avenue unless you feel with appropriate support you can. You may be able to sue the individual that hurt you for something similar to actual bodily harm by way of assault if you have his details? You will need a medical report as a matter of some urgency with pictures of any bruising etc. But and here comes the huge but (as touched on by another contributor) I am going to guess that if this company have conducted their research properly they will indeed have a waiver in the offer letter/contract of offer etc that will exonerate them in the event of any damage to you (this does not let them off general duty of care and will require them to have done all that would have been considered reasonable to look after you) So much to ponder on and it won't be an easy ride but simply put you could be part disabled for the rest of your life and all you were doing was what essentially you were paid to do. Witness statements (as many as you can muster) in your favour would be hugely beneficial. Sorry I couldn’t offer more. Curtis
Answered by Curtis H