| Summary |
UNJUSTIFIED DISMISSAL – Incompatibility – Increasingly negative relationship between applicant and manager - Applicant claimed victim of workplace bullying, negligence, bias, favouritism, misleading and deceitful behaviour and lack of due care – Claimed employer failed to inquire into alleged threats to applicant’s employment by manager – Also claimed unfairly warned by respondent about emails sent to manager and co-workers – Also claimed bullied through demeaning unnecessary retraining - Respondent held series of meetings with applicant and manager – Applicant had one day secondment but insisted on return to former position – Applicant disregarded instruction to avoid discussing issues with co-workers – Applicant and manager took leave to avoid each other - Further meeting held where applicant felt respondent took manager’s side – Applicant sought return to workplace – Formal meeting held where applicant agreed to 6 month written warning on record, referral to mediator, temporary secondment and Employee Assistance Programme (“EAP”) – Applicant had union and legal representatives – Applicant took sick leave immediately after – Applicant repudiated agreement, sought review of terms and claimed not mentally fit at time – Following suspension, applicant dismissed on grounds that behaviour seriously undermined relationship of trust and confidence - Authority found respondent entitled to take appropriate action where serious incompatibility between applicant and manager – Respondent took proper steps when incompatibility apparent - Investigation, offer of use of EAP services, paid applicant special leave, attempted mediation, and offered temporary relocation and return to position after “cooling down” – Evidence of genuine effort by respondent – No evidence of respondent unfairly siding with manager – Fair and reasonable to require applicant to take up temporary secondment – Applicant uncooperative in insisting on only returning to previous position – Applicant bound by agreement with respondent – In the alternative, respondent entitled to refuse to review agreement reached – Applicant justifiably dismissed – In the alternative, contributory conduct would negate financial compensation - Call centre team leader |