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Unfair Dismissal

July 17, 2015 | biocare

The Employment Appeals Tribunal found an employee who assaulted a workplace colleague was unfairly dismissed. The Tribunal held no matter how badly an employee behaved they were entitled to fair procedures. Having considered the evidence the Tribunal concluded the employee concerned was dismissed without being afforded an opportunity of attending a disciplinary hearing.

In rejecting the employers argument the employees conduct was so gross it should outweigh any defects in following procedures. The tribunal concluded employees are entitled to fair procedures at all times. However given the belligerence of the employee concerned whose behaviour was wholly unacceptable the Tribunal determined the appropriate award was a zero amount.