| Summary |
UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Reinstatement sought - Dismissed for alleged bullying and intimidation of employee (G") - Applicant told director, but not immediate manager, under personal stress - Other manager claimed saw applicant speak to G in "out of control" way - G complained verbally abused - Investigation carried out - Manager claimed difficult to get information from applicant at investigation meeting and that minimised his behaviour - Respondent interviewed other staff - Staff witnessed applicant shouting and aggressive toward G - Given full and proper opportunity to respond to information, and resprested - Investigation and disciplinary processes those of fair and reasonable employer - Applicant disputed seriousness of behaviour, but did not dispute its occurrence - Respondent took into account seriousness of behaviour, effect on staff, applicant's previous excellent work record, and likelihood of recurrence - Having undertaken full and fair inquiry, respondent justifiably concluded serious misconduct - Manager gave evidence left with no alternative but to dismiss - Although another employer might have continued applicant's employment, dismissal within range of options - Authority did not take from authorities should overturn a dismissal decision merely because employer could have decided not to - Interpretation assumed fair and reasonable employers should be lenient - Not giving another chance did not make dismissal decision unreasonable, unfair, or unjustifiable - Respondent considered all circumstances when reaching dismissal decision - Dismissal justified - Sales manager" |