| Summary |
UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed suffered unjustified disadvantage when respondent failed to deal with applicant’s complaints that subjected to racial harassment and when issued warning for leaving work without notification - Applicant claimed dismissal for serious misconduct unjustified - Applicant claimed other staff turned toilet area lights off, leaving applicant in the dark, and stole his apron – Respondent investigated incident and accepted staff members’ explanations for events – Authority found no evidence staff deliberately turned light off and took apron, and even if was true, no evidence done for reasons of racial harassment – No unjustified disadvantage – Applicant left work without notification as upset buy respondent’s conclusions about incident – Authority found warning justified – No unjustified disadvantage - Applicant suffered workplace accident when chopping board fell on his head while trying to get crate from overhead shelf – Applicant claimed was racially motivated plan to injure or kill him – Authority found no evidence to support applicant’s claim and applicant admitted had seen board and failed to move it before tried to reach crate – Applicant claimed accident caused injury to eye – Applicant saw doctor who referred him to optometrist who gave applicant eye drops – Applicant continued to experience problems so respondent sent applicant to specialist – Specialist prescribed lubricants and indicated applicant still fit for work – Applicant believed lubricants did not work and still experiencing problems with eye - Number of incidents occurred between applicant and other staff and managers – Applicant again left work without authorisation - Applicant abused manager using strong expletives, stating would not work there any more – Applicant then stated all staff the same; and “were dogs coming to this country running from poverty” – Applicant sought to resign but resignation not accepted - Following meeting next day applicant summarily dismissed - Applicant summarily dismissed for three reasons – Firstly, refusing to seek medical treatment – Secondly leaving place of employment without permission or notification – Thirdly for causing incompatible situation between himself and fellow employees by using bad language and calling them dogs - Respondent accepted wrong to categorise applicant’s behaviour as refusing to seek medical treatment – Respondent still concerned about applicant’s attempts to delay seeing specialist and failure to take prescribed medication - Authority found were not proper grounds for dismissal – Found had been sole ground for dismissal, dismissal would have been unjustified - Found leaving place of employment without permission or notification and refusing to carry out duties could constitute misconduct warranting dismissal – Authority accepted reasonable employer could justify dismissal in circumstances - Found main reason for dismissal applicant’s abuse of manager and fellow staff - Found open to respondent to dismiss applicant for behaviour – Found no evidence other than applicant’s own that remarks were response to any abuse by staff on that occasion – Found respondent had duty to protect staff from abuse – Found respondent could not, as fair and reasonable employer, be expected to put up with applicant’s behaviour - Found where independent grounds for justifying summary dismissal exist, failure to prove other grounds relied on for dismissal did not necessarily render dismissal unjustified – Authority accepted respondent’s assessment that applicant’s behaviour so serious that dismissal justified, without any reliance on other matters - Applicant complained about respondent not accepting resignation - Found no employer had right to stop employee from resigning - However, found respondent right to not simply accept applicant’s resignation in heat of moment as applicant may have changed mind – Found nothing to stop applicant from resigning even if respondent purported to refuse to accept resignation – Found in all circumstances respondent’s actions those of fair and reasonable employer – Dismissal justified – Produce Assistant |