| Summary |
UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed following investigation into allegations harassed, and was abusive and aggressive towards co-worker - Applicant claimed allegations false and real reason for dismissal was respondent’s wish to avoid cost of making him redundant - Incident occurred between applicant and co-worker (“M”) - Following investigation M resigned - Following resignation respondent’s general manager, operations (“K”) received anonymous messages that was tolerating bullying - Union delegates raised issue of bullying being tolerated - K conducted exit interview with M who claimed experienced incidents initially thought were practical jokes but became more aggressive - M claimed applicant applied primer to his overalls to make it appear he had soiled himself, threw acetone at him, frightened him, filled mask with tuna fish, blamed poor workmanship on him, threatened to plant drugs, punched him, and drove fork hoist in dangerous way - Applicant investigated and found co-workers witnessed number of incidents M alleged occurred - Applicant admitted responsible for some incidents - Respondent rejected applicant’s explanations or denials for other incidents - Applicant dismissed - Authority found although night shift restructured several weeks after dismissal, applicant’s dismissed for serious misconduct - Found respondent followed own disciplinary processes in all material respects - Found respondent justified in rejecting applicant’s explanations - Found applicant’s conduct amounted to bullying - Found fair and reasonable employer would have dismissed applicant - Applicant’s disparity of treatment argument rejected - Dismissal justified - Painter |