| Summary |
UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Respondent became aware of irregularities in use of gas cylinders so marked the cylinders in order to be able to track them - Observed applicant removing cylinders and replacing them with dirty empty ones - Applicant denied changing cylinders - Respondent's evidence preferred - Accepted that applicant admitted taking full gas cylinders home - Accepted that once applicant had made admission, no requirement for further formal inquiry with the attendant minimum requirements of procedural fairness - Agreed that interview with applicant could have been conducted in a better way, but it was substantial fairness that was required not pedantic scrutiny - Satisfied allegation clearly communicated to applicant and was given opportunity to respond to allegation - Respondent entitled to conclude that applicant had removed property without authority to do so - Admitted conduct amounted to serious misconduct and it was open to respondent as fair and reasonable employer to take that view of his conduct - No personal grievance - Respondent deducted cost of cylinders from final wages - By virtue of signed agreement and operation of that clause applicant had consented to deduction - Fitter Welder |