Sacked Metro Trains driver Mark Lawrence seeking unfair dismissal remedy after station fight

A sacked Metro Trains driver has launched a legal bid to get his job back amid claims of alleged bullying at his former employer.

Former train driver Mark Lawrence has taken his ex-boss Metro Trains to court for unfair dismissal.

A former Metro Trains train driver sacked for punching a beggar at Flinders Street Station has launched a legal bid to get his job back.

Mark Lawrence, 53, fronted the Fair Work Commission this week seeking an unfair dismissal remedy after he was sacked in August last year.

Metro Trains axed Lawrence after company investigators determined he had punched beggar Jake Raymond at the station on August 9 last year.

The court was told Lawrence was waiting for a coffee when he was approached by Mr Raymond.

Lawrence told Mr Raymond three times to move away but the “known menace” refused then threatened to kill the train driver.

Lawrence pushed Mr Raymond then pinned him on the ground after he claimed the beggar “lunged” at him, the court was told.

CCTV vision of the tussle played to the court on Monday was inconclusive as to whether Lawrence punched Mr Raymond or not.

Metro Trains terminated Lawrence’s employment on August 18 after the brief investigation determined he had punched Mr Raymond.

Lawrence disputed his dismissal alleging Metro Trains had failed in its duty of care.

Lawrence also denied punching Mr Raymond which he said was the “primary factor” for his dismissal.

Martin Willoughby-Thomas, for Lawrence, said Mr Raymond had “stalked” and “singled out” his client for attention.

Mr Willoughby-Thomas said a Metro Trains alert regarding Mr Raymond had been circulated to several senior staff in May last year.

The alert stated Mr Raymond was “well known for recent anti-social behaviour towards (Metro Trains) staff”.

It also stated Raymond was allegedly responsible for “threats of physical harm” and indecent exposure to staff on 10 occasions in just two weeks.

“ (Mr Raymond) was a known risk to staff and the public but the circular (alert) was not sent to drivers or the public,” Mr Willoughby-Thomas said.

Mr Willoughby-Thomas queried how a maskless Mr Raymond was able to wander through the station unimpeded especially after a state of disaster had been just been declared due to the COVID-19 pandemic.

“But for Metro’s negligence the incident would not have occurred,” Mr Willoughby-Thomas said.

“Mark Lawrence did nothing wrong (he) did what any reasonable person would have been expected to do.”

Mr Willoughby-Thomas said a fresh alert circulated the day after the incident stated “ (Mr Raymond’s) aggression is escalating and needs to be nipped in the bud”.

Mr Willoughby-Thomas also accused Metro Trains of being “largely indifferent to Covid safety”.

The lawyer also lashed Metro Trains for the way it investigated then abruptly sacked Lawrence the day after his office sent the company a letter.

“(Metro Trains) was fixed on a predetermined outcome,” Mr Willoughby-Thomas said.

“The dismissal was particularly harsh … trust and confidence has been lost by Metro staff and their customers.”

Lawrence, a married father, took the stand to give evidence.

He claimed he “de-esculated” the situation by using his authorised officer training to subdue Mr Raymond.

Jessica Gillam, for Metro Trains, put it to Lawrence that he escalated and aggravated the situation by not just walking away.

“I didn’t have a chance (to walk away) it happened so quickly … I was minding my own business, he approached me … I had no options,” Lawrence said.

“(The threat to kill) was when I took this guy seriously … I wasn’t going to turn my back on someone who had threatened to kill me.”

However, Lawrence conceded he would have walked away if he already had his coffee.

Ms Gillam also raised Lawrence’s disciplinary record citing the train driver was issued a third and final warning for an “altercation” with a member of the public in September 2019.

Lawrence was stood down and required to complete a “return to work program” before he could recommence his employment, the court was told.

Ms Gillam also highlighted the CCTV shows Mr Raymond stepped not lunged towards Lawrence.

Former Metro Trains investigator Nicole Maloney also took the stand.

Ms Maloney provided a witness statement which had no reference to Mr Raymond allegedly threatening to kill Lawrence, the court was told.

“I think it was possible a threat to kill was made,” Ms Maloney said.

Mr Willoughby-Thomas, who claimed Ms Maloney’s investigation was “clearly biased”, asked why Mr Raymond’s ease of entering the concourse without a mask was not investigated.

“It wasn’t deemed part of the investigation,” Ms Maloney said.

Ms Maloney also pointed out that the public was, at times, freely able to wander into the concourse unimpeded.

Mr Willoughby-Thomas responded Metro was “chronically negligent” and had Lawrence not subdued Mr Raymond then he “may well have targeted someone else”.

Metro Trains driver Brevan Hamling provided a witness statement on behalf of Lawrence but was not required to give oral evidence.

Fair Work commissioner Katrina Harper-Greenwell will decide the matter at a later date.

Prior to the hearing, Mr Willoughby-Thomas wrote a letter to state transport secretary Paul Younis alleging “bullying and harassment” was “rife” within Metro’s trains division ranks.

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