An industrial relations tribunal has confirmed the dismissal of a man who was sacked for fracturing a colleague’s rib after he hit him with a cardboard box.

Alfred Brincat was sacked from Foster Clark Products Ltd for “gross misconduct” over an incident between two employees who came to blows during an evening shift in March last year.

The tribunal heard how Mr Brincat had struck his colleague, Shaun Siminiana, a cleaner, with a carton box at around on March 26.

Mr Siminiana was taken to the polyclinic and referred to Mater Dei Hospital where X-rays showed that he had suffered a fractured rib.

Mr Brincat, who had worked for the company since July 2009, appeared before the company’s disciplinary committee three days later and was informed his job had been terminated with immediate effect.

The tribunal, chaired by Edmund Tabone, heard how Mr Siminiana, a cleaner, walked in the vicinity of Mr Brincat to place a broom and spade. Mr Brincat told him not to waste time speaking to other employees and Mr Siminiana replied they were talking about work issues.

The two continued working until, at one point, Mr Siminiana saw Mr Brincat grab a cardboard box, fold it into three and hit him with it in his abdomen, challenging him to hit him back with the spade.

Mr Brincat did not deny hitting his colleague but justified his act by saying he had offended him just before the incident. He said Mr Siminiana wasted time talking to others and that he had to work harder.

Mr Brincat told the tribunal that although he joked that he would punch Mr Siminiana, the cardboard box incident was “accidental”.

The tribunal ruled the company was justified in dismissing him.