| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent’s evidence preferred - Applicant claimed respondent’s finding applicant made false allegations against respondent’s manager (“N”) wrong, therefore dismissal unjustified – Respondent argued finding justified, constituted serious misconduct, therefore dismissal justified – Altercation occurred between applicant and supervisor (“F”) – Applicant told to go upstairs for disciplinary meeting – Applicant refused to follow instructions – Applicant complained to union delegate (“C”) F bullied and intimidated applicant – Applicant arrived at meeting room with C – Applicant yelled and screamed at C about F’s alleged bullying – N arrived in room and put arm in front of applicant – Applicant claimed N attempted to punch applicant – N denied claim and argued put arm out to hold door open – Two days later, respondent’s human resources manager (“X”) held disciplinary meeting to discuss applicant’s conduct - Applicant alleged to X that N attempted to punch applicant – X advised allegation serious and if found unsubstantiated, applicant could be dismissed – Disciplinary meeting adjourned to investigate allegation – X found allegation unsubstantiated - X proposed applicant suspended – Respondent rejected proposal and summarily dismissed applicant – Authority found meeting after altercation to seek applicant’s explanations about misconduct issues – Found F did not notify applicant purpose of meeting, however no final decision made in respect of allegation applicant refused to follow instructions – Found applicant represented throughout meeting and no contention process unjustified - Found reasonable for respondent to conclude applicant’s allegation false as no evidence to support allegation – Found false allegation against manager malicious therefore constituted serious misconduct – Dismissal justified – Lamb and mutton boner |