Manager gets workers’ comp after punching customer
May 20, 2011 by Fred HosierPosted in: In this week's e-newsletter, Injuries, Latest News & Views, Lighter Side of Safety, Stupid human safety tricks, Workers' comp, workplace violence
There are probably innumerable ways to break your wrist at work and qualify for workers’ compensation. But punching a customer?
OK, so the case happened in Australia. Read on, and you’ll find out why it caught our attention.
Matthew Styles, a Red Rooster restaurant manager in Melbourne, was already having a bad night. Three workers called off.
A customer was getting impatient for his food and asked Styles whether his order would be ready “today.” Styles replied, “tomorrow.”
A shouting match broke out, with the customer allegedly yelling, “I’m gonna find ya and kill ya.” Styles responded by allegedly calling the customer a “f-ing clown.”
Video footage shows the two ready to fight, with Styles’ hands raised as the customer walks toward him. The video doesn’t show the fight itself because they took the phrase “take it outside” literally, and fought in front of the store.
Court documents state “a struggle then ensued.” Styles broke his wrist.
Red Rooster refused Styles’ compensation claims. It noted that he had a prior criminal record including arrests for assault and he didn’t honor the company’s “employee behavior standards.” What, Red Rooster meals don’t come with verbal assaults?
Styles was fired, but a magistrate found his injuries arose “out of or in the course of the employment.” (Sound familiar to those of you who deal with U.S. workers’ comp law?)
He got 13 weeks pay.
So, the next time you read about a workers’ comp case in the U.S. that makes you think What was the judge thinking? remember that these cases aren’t exclusive to America.
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Tags: Australia, broken wrist, punched customer, Red Rooster, Workers' comp

May 24th, 2011 at 8:04 am
Wow, so when Red Rooster is getting resumees for management positions a prior criminal record including arrests for assault does not carry any weight , Unless the applicant after being hired gets into a fight?
May 31st, 2011 at 8:27 am
In my opinion, this fight didn’t happen out of the course of employment. If the employee had been attacked while in the restaurant or was attacked as he left the restaurant at the end of his shift, I might agree. As for this incident, once this employee made the deliberate decision to go outside to fight he was no longer performing a work related activity.
June 10th, 2011 at 4:07 pm
This is a ridiculous decision. There should be no comp. When Styles left the building to fight the customer, the “out of or in the course of the employment” deal went bye-bye. this judge needs to get his head screwed on straight.