| Summary |
UNJUSTIFIED DISMISSAL - Serious misconduct - Comments of a sexual nature made to member of cleaning staff (C") - Applicant put picture of naked women in C's face and made sexual reference - Managing director ("L") was subjected to rude, aggressive and threatening behaviour from applicant - No pre-determination - Not ideal that L failed to tell applicant of conclusion that there had been serious misconduct and seek his response on the issue of penalty before proceeding to dismiss - However, applicant walked out of meeting before concluded - Given aggressive conduct to L reasonable to have completed process without further input from applicant - Harassment sufficiently serious to constitute serious misconduct (even though no express reference to it in employment agreement) - No disparity of treatment - Dismissal justified" |