| Summary |
UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant dismissed for arriving at work intoxicated, insubordination, threatening and abusive behaviour, and making false accusations - Credibility of parties - Respondent's evidence preferred - At time of dismissal applicant on undisputed final warning for previous misconduct - Applicant arrived at work apparently intoxicated - Told by supervisor to take day as leave - Before left involved in heated exchange with sergeant (O") - Full investigation carried out resulting in dismissal - Conclusion applicant intoxicated on basis of six witnesses fair and reasonable - Not incumbent on respondent to be completely satisfied by getting breath or blood tests - In any event, could not compel applicant to undergo test - Decision to reject applicant's explanation intended to attend work only to apply for leave and not commence duties fair and reasonable - Rejected argument employee needed to be both intoxicated and violent for behaviour to be serious misconduct in Code of Conduct - In any event, list of what constituted serious misconduct not exhaustive list - Not estopped from taking disciplinary action because allowed applicant to take annual leave rather than suspending on pay - At time leave granted told disciplinary proceedings would take place - No condonation of behaviour, or prejudice to applicant - Continuing pattern of insubordination, threatening abusive behaviour towards, and false accusations against O stood on own merits for summary dismissal - Given applicant's denial intoxicated, despite weight of evidence, respondent more likely to believe O that applicant abused him during exchange - Conclusion fair and reasonable in circumstances - Respondent's finding over drunkenness justified summary dismissal on its own - In case of abuse, respondent relied on previous incidents resulting in final warning - Dismissal on notice more appropriate - However, given dismissal justified, factor of no relevance - Fair and reasonable to dismiss despite sustained good service - Clear at relevant time considered could no longer have trust and confidence in applicant - Dismissal justified - Length of service 15 years - Army Camp Storeman" |