After being physically escorted from the premises, the applicant reported assault
The dismissal of a Nader Jewellers employee, described as ‘intimidating, defiant and argumentative’, was deemed unreasonable.
The applicant’s dismissal on the basis of gross misconduct led to a ‘disturbing incident’, the details of which were not disclosed.
After being physically escorted from the premises, the applicant reported assault, submitting that the respondent defamed his work and reputation to justify the dismissal, and that the dismissal was the result of filing a police report.
The respondent cited the many verbal warnings given to the applicant but conceded that, as a family-run business, they did not follow complete procedural obligations regarding the dismissal.
The Commission accepted that, whilst the applicant was intimidating and defiant, the respondent’s dismissal was procedurally unfair and was ‘albeit on a fine balance’ unreasonable.
Compensation was ordered to the applicant of $2,466.
Key Takeaways for HR:
- Regardless of the circumstances that surround gross misconduct, employers must comply with procedural fairness when dismissing an employee.
