| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal unjustified as actions not serious misconduct under company rules – Applicant missed grading errors on new quality control system – Site manager (“D”) arranged disciplinary meeting – D concluded conduct amounted to neglect in duties and issued formal written warning – During audit D discovered failure in quality control at high cost to respondent – D stood down applicant to investigate cause – Applicant’s solicitor and D embarked on merits of matter before disciplinary meeting – Respondent argued applicant failed to follow quality control criteria, act on information showing product outside quality grade and notify management, and instructed staff to disregard quality information and not record failure – D argued applicant deceitful and unprofessional - D noted applicant did not follow correct disciplinary procedure – Applicant dismissed at conclusion of disciplinary meeting – Authority rejected applicant’s argument that not given sufficient time to improve after warning, as found problem was poor judgement not lack of training – Authority rejected argument that applicant unsure of lines of authority or applicant’s role – Authority found respondent entitled to take into account failure to take responsibility and previous warning – Found respondent entitled to conclude serious failures by applicant – However, evidence supported finding of less serious misconduct under respondent’s disciplinary policy, not serious misconduct likely to result in instant dismissal – Found dismissal on notice action for fair and reasonable employer – Summary dismissal unjustified - REMEDIES – Authority found remedies limited to notice period as dismissal on notice would have been justified – Interest at 8.7 percent from date of dismissal until payment – Costs reserved – Authority noted in determining costs would take into account respondent’s unexplained delays in filing documents, as affected efficient conduct of investigation - Quality control supervisor |