Latest news with #unfairdismissal
Irish Times
2 days ago
- Irish Times
Man accused of grabbing colleague by throat and using homophobic slur loses unfair dismissal case
A recycling depot worker who denied grabbing his colleague by the throat and using a homophobic slur after his religious beliefs were insulted has lost his unfair dismissal claim at the Workplace Relations Commission (WRC). Seamus Behan lost his job of 12 years as a van driver for Liberties Recycling Development and Training CLG in February of last year following the altercation with another worker just before Christmas 2023. At a hearing of Mr Behan's complaint under the Unfair Dismissals Act 2014, Liberties Recycling told the WRC his behaviour on December 20th, 2023 amounted to gross misconduct. The company said the finding was arrived at after what it described as a fair investigation and disciplinary process. READ MORE Company manager Adam Moloney said 'multiple' statements from staff recounted 'off the charts' behaviour from Mr Behan towards the other worker, Mr A. Mr Moloney said workers told him Mr Behan was 'verbally abusive, behaving aggressively, and damaged company property' during the incident. He said it 'wasn't clear' from the statements what had first happened other than that the two men 'pushed each other'. Mr Moloney said Mr Behan was at reception in the depot 'shouting abuse' at Mr A, would not leave when asked and 'kept trying to go at him'. Management tried to persuade gardaí to come, but there was no response by closing time. A duty manager suspended Mr Behan and Mr A and sent them away via separate exits. The complainant's representative, Thomas Behan, argued that witness statements had been 'handpicked' to support a case that his client was 'violent' and that CCTV had been 'purposely left out' of the investigation. The company said any footage of the incident was taped over during the Christmas break, so it was not available when the investigation began in the new year. The tribunal was told the row followed a complaint made by Mr A about Mr Behan's alleged conduct towards him six days earlier. It was alleged the complainant on that occasion grabbed Mr A's hand and squeezed until Mr A asked him to let go. Mr Behan then turned to another worker and allegedly said: 'Watch how I shake a real man's hand.' Mr Behan said he knew nothing of this informal complaint until after the incident on December 20th, with his representative arguing any difficulties between the men ought to have been addressed sooner by management. Mr Behan said Mr A was 'an hour late' returning with a van for a shift handover on December 20th and he was 'in a hurry to get out' so as to avoid working late without pay. 'I went to your man ... he was just numb about everything. Because I didn't know anything about the 14th, I was at the van, and he was at the van. He started mumbling stuff about something, and then he got aggressive towards me,' he said. 'This guy pursued me, I went away from the van, he's aggressive, in my face, spitting in my face,' Mr Behan said, adding that the spitting was not 'intentional'. 'He's giving me lackery about Pope John Paul, lackery about my religion. He deeply upset me,' he said. The complainant said he 'wouldn't repeat' his colleague's remarks during the disciplinary process that followed because it was 'filthy' and 'vulgar' language. Mr Behan denied using a slur toward Mr A in the course of the altercation, as had been indicated in statements gathered by the company. 'I don't even use the word 'f****t',' he said. 'Everyone's twisting and turning statements.' He said a female supervisor was standing between him and Mr A, so it would have been 'impossible for me to grab the man by the neck'. He told the tribunal Mr A pushed him as the altercation continued and that the CCTV footage 'would prove that as well'. He said he was 'well warmed up' by his colleague by the time he reached the office. 'I raised my voice. Is that a sacking offence?' he said. 'No one wanted to investigate my statement ... My statement is the truth, on my religious beliefs.' In her decision, WRC adjudicator Eileen Campbell stated: 'Taking all the circumstances into account I find, as a matter of probability, the complainant's actions on the day and his behaviour on the day to be aggressive, uncontrolled and unacceptable.' She added that, on balance, the company's version of events was 'more convincing than that of the complainant' and there were 'substantial grounds' justifying Mr Behan's dismissal.
Telegraph
2 days ago
- Entertainment
- Telegraph
Peppa Pig toy exec sacked after ‘threatening boss with a pen'
A former executive at a Peppa Pig toy company has lost almost £300,000 in legal fees after he was sacked for 'brandishing a pen' at his boss. Mark Dowding, former chief financial officer, was fired from The Character Group (TCG) PLC in 2017 after a disciplinary hearing on the basis of a breakdown of trust. The company, which also makes toys for Pokemon and Doctor Who, was then taken to an employment tribunal by Mr Dowding accused of unfair dismissal over an alleged incident where he threatened his bosses with a pen. Mr Dowding lost his claim at the tribunal in 2020, with Employment Judge Omar Khalil saying: 'The tribunal concludes that the incident as described by [Mr Dowding's boss] did occur, which included the claimant pointing towards him brandishing a pen in a threatening manner.' Mr Dowding has since been locked in a five-year court fight as he brought a series of appeals and challenges, as well as launching a High Court claim. The former executive, who was on a salary of £110,000 at the time of his dismissal, faces a bill of £288,000 to pursue his latest claim. Faces losing pension and home This week, High Court judge Richard Spearman KC ordered Mr Dowling to pay the remaining legal fees. He said it means Mr Dowding now 'faces losing' the pension fund, which forms his only regular income, and maybe also his home. The court heard that Mr Dowding was employed by The Character Group from August 2012 to September 2017. Mr Dowding took the company to an employment tribunal, claiming he was unfairly dismissed and 'had been subjected to various acts of victimisation'. However, all of his claims were dismissed. The pen incident was described in the employment tribunal judgment as 'a work-related meeting between the claimant and Mr Kiran Shah (his boss). Their discussion became heated, and voices were raised. 'Mr Shah also alleged that the claimant had pointed a pen towards him, causing Mr Shah to retreat. This was set out in his email, which followed this altercation on the same day. 'In that email, Mr Shah said about the incident, 'Your behaviour was inappropriate and unprofessional. You raised your voice towards me in a threatening manner and pointed a pen in my face whilst rolling forward towards me with your chair. I had to roll my chair back to prevent injury to my face'.' Judge Khalil concluded that the pen threat did occur, and his dismissal was reasonable. 'A very unhappy position' Mr Dowding has spent the last five years challenging that ruling and other orders, before being handed bills for around £288,000 in July 2024. With one claim still live against the company – relating to his treatment by his former employers – an order was made last December to secure the existing costs bills on Mr Dowding's £850,000 home in south London. This week, Judge Spearman made orders to end several elements of Mr Dowding's claim, including his bid to sue his former boss personally alongside the company. The judge ordered that the rest of the case be struck out unless he pays the £288,000 he already owes. 'He is in a very unhappy position because, on the disclosure he has made, he can ill-afford to meet these costs liabilities. 'That is a consequence of bringing and pursuing expensive litigation, which has all been unsuccessful, resulting in the costs orders.'
Irish Times
4 days ago
- Sport
- Irish Times
Former Bohemian FC coach David Henderson is awarded €26,000 after ‘ruthless, sham' redundancy
A tribunal has made a maximum-compensation €26,000 award to former Bohemian FC coach David Henderson over his dismissal from the League of Ireland premier division club. The Workplace Relations Commission (WRC) found he was subjected to a fabricated allegation of misconduct when the club 'got rid' of him in a 'ruthless and dishonest' redundancy last winter. An adjudicator from the WRC found there was 'no evidence' to back up claims by the Bohs management that the club's finances were in trouble to the extent it had to get rid of the ex-player and coach, who was drawing wages of just €250 a week. In a decision published on Wednesday, the tribunal found The Bohemian Football Club CLG to be breach of the Unfair Dismissals Act 1977 on foot of a complaint by Mr Henderson over his dismissal by telephone on November 30th, 2024. READ MORE Giving evidence to the tribunal, the club's president had said a budget review process last October and November concluded that 'cutbacks' were needed at the club in 2025 and had 'looked at the complainant's position'. The club president said Bohemians had booked 'significant losses' in 2023 and had projected losses for 2024 - with a decision made at an early November 2024 board meeting that the role of 'recruitment' was not needed. After the board meeting, he instructed the club's director of football to tell Mr Henderson his 'services were no longer required and were being dispensed with'. Adjudication officer Christina Ryan said that when she questioned the club president he could not confirm the date of the board meeting. He also confirmed that Mr Henderson 'was not put on notice' of potential redundancies at the club, had no opportunity to take part in a consultation process and had 'no forewarning' of the phone call on November 30th ending his employment. Mr Henderson told the commission he had been involved with the club at various stages as player, scout and coach – and since 2023 had been head of recruitment, goalkeeping coach for the men's first team, coach for the women's team and chief scout for the Bohemian FC academy. He said the director of football first referenced 'a budgeting issue' when he phoned to remove him from his post. When he replied that this 'did not make sense', given all he did for the club for €250 a week, the director of football then mentioned 'anonymous verbal complaints and a historic letter of complaint', he said. Mr Henderson said he had been given 'no prior warning, investigation or opportunity to respond before his dismissal' and that 'multiple requests' for details of the allegations and 'supposed letter of complaint' had gone unanswered. Under questioning from the adjudicator, the club president admitted 'no letter of complaint ever existed'. Mr Henderson said he had such concerns for his reputation and professional standing, given he worked with underage and female players, that he wrote to the Football Association of Ireland's safeguarding department asking it to pursue the matter – with the FAI's child protection officer confirming there was no letter. He said if the allegations did exist then he wanted them formally investigated to ensure fairness to himself and any potential complainants. In her decision on the case, Ms Ryan wrote: 'These allegations were a gross fabrication designed to, for whatever reason, get rid of the complainant.' She said the club had not been able to 'substantiate the assertion that the financial position of the respondent was such that it would justify the redundancy or the role of recruitment'. It had, in fact, presented 'no documentary evidence' on its financial position, Ms Ryan said. 'It was apparent that the complainant remained involved in football at League of Ireland, college and grassroots level because of his love of the game of football. He was not only an employee of the respondent but a former player, and the treatment he was subjected to by the respondent was shocking,' she said. Ms Ryan said the dismissal was 'nothing more than a sham redundancy carried out in a ruthless and dishonest manner without a single thought for the personal damage the respondent was inflicting on the complainant'. She awarded Mr Henderson €26,000 in compensation – and said it was the 'upper limit' that she was in a position to award.
Daily Mail
4 days ago
- Politics
- Daily Mail
Street cleaner win compensation payout after he was fired for refusing to do Acknowledgment of Country - and reveals his big new plan
A street sweeper who won an unfair dismissal claim after he was fired for objecting to an Acknowledgment of Country has received a compensation payout from the council and is now considering running for parliament. Melbourne man Shaun Turner, 60, was sacked from his role as a street sweeper for Darebin City Council in June 2024 after he questioned the ceremony at a toolbox meeting. The council worker, whose father served in World War II, told the meeting: 'If you need to be thanking anyone, it's the people who have worn the uniform and fought for our country to keep us free.' 'It's getting out of hand and people are losing it, it is now being done at the opening of a postage stamp.' Council officers investigated Mr Turner's alleged 'serious misconduct,' but the father of three doubled down and was let go. 'As far as I know half of us are born here, I don't need to be welcomed to my own country. If people don't want to be there, they can leave,' Mr Turner told the officers. Mr Turner said that Acknowledgment of Country should be reserved for more formal or international occasions. The Fair Work Commission upheld his unfair dismissal claim, with Mr Turner believing his legal win resonated with the 'silent majority' of people in Australia. Mr Turner told the Herald Sun he had received a compensation payout that was 'satisfying' and that he would not return to working with the council. He is now considering running for a spot in the Senate at the next election. 'I've had a lot of time to think and I'm thinking about (federal) politics,' he said. Fair Work Commission Deputy President Richard Clancy ruled in favour of Mr Turner labelling his dismissal as 'harsh' and 'disproportionate'. The commission is set to hold a hearing to consider Mr Turner's request for reinstatement and to determine the remedy for the unfair dismissal. Mr Turner said he would not speak about the details of his case as the commission was deliberating, however he wanted it known that his actions were not racially motivated. 'When it comes to this, the first thing that happens is you are labelled racist. I may not like a lot of people but I have no problem with Aboriginal people,' Mr Turner said. 'I played football, I was brought up with people of all races in Broadmeadows. Some you get on with, some you don't. The easy thing to throw around these days if you can't win an argument is to call someone racist.' Mr Turner believes Acknowledgement of Country is unsuitable for small meetings and should rather be reserved for large events attended by international visitors. Before Mr Turner was dismissed, he attended another meeting with Council Chief of People Officer Yvette Fuller. Ms Fuller informed Mr Turner that there was a firm expectation for an Acknowledgment of Country to precede all formal meetings. Mr Turner questioned: 'Why didn't we do it in this meeting then?,' to which Ms Fuller then asked: 'Are you saying you will continue to disrupt an Acknowledgement of Country?'. 'I won't disrupt it but I want to be asked if I would like you to give me the courtesy to step outside,' he replied. In his termination letter, Darebin City Council alleged during the May 21, 2024 meeting that Mr Turner had said 'the Acknowledgment of Country is not necessary'. The council further alleged Mr Turner said Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings'. But Fair Work Commission's Deputy President Richard Clancy found Mr Turner's statements were not delivered in the manner or tone alleged by the council. 'I am not persuaded that Mr Turner said either 'The Acknowledgment of Country is not necessary' or that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings',' Mr Clancy said. 'I am satisfied, however, that Mr Turner made a comment to the effect that if anyone was to be acknowledged or thanked at a toolbox meeting, it should be the servicemen and women who had fought for this country (i.e. Australia) but I do not consider that expressing such an opinion constitutes a valid reason for dismissal.' Mr Clancy said the Acknowledgement of Country would have caught the members of the street cleaning team off guard. He added Mr Turner's specific question 'are you joking?' and his reference to the 'opening of a postage stamp' was the articulation of a reaction of surprise. 'I regard Mr Turner's various comments as having been a spontaneous expression of his opinion that Acknowledgements of Country are appropriate on special occasions but one was not necessary at the toolbox meeting,' Mr Clancy said. 'His comments were laced with his underlying frustration in relation to the various issues pertaining to his work. 'I have not been persuaded these particular comments of Mr Turner either rise to the level of having been disrespectful and aggressive in tone, or that they were perceived by anyone to be so.' Mr Clancy labelled Mr Turner's dismissal as 'harsh' and 'disproportionate' to the context within which his comments were made. 'I reiterate that even if the reasons for the dismissal relating to the comments about Acknowledgements of Country and Mr Turner's colleague were regarded as valid, the dismissal was harsh,' Mr Clancy said. 'It was disproportionate having regard to the context within which his comments were made and Mr Turner's circumstances.' The Council's submissions indicated that it took particular offence to Mr Turner's use of the word 'courtesy' when asked if he would be given the option to 'step outside' during an Acknowledgement of Country. Council said the use of the word 'displayed contempt to the council's Indigenous employees and community'. But Mr Clancy disagreed with the council's assessment. 'That Mr Turner holds a different point of view when it comes to Acknowledgements of Country does not, of itself, make him contemptuous of the Respondents.' Mr Clancy noted that both Ms Fuller and Elizabeth Skinner, who was the city works manager at the time, were sufficiently concerned by Mr Turner's conduct that they each contacted his Indigenous support person after the meeting to offer an apology. However, during the Fair Work proceedings, there was no evidence given to show the support person felt offended. In his testimony for the Fair Work claim, Mr Turner said he believed he was 'being made out to be a racist'. 'I've got to say that I was brought up on Broadmeadows. I come from a family of eight,' he said. 'My best friends out at Broadmeadows happen to be Aboriginal [people], one of them marrying my sister. I have a niece and great-niece and nephews who are all Aboriginal.'
Daily Mail
5 days ago
- Daily Mail
Op shop worker quits after telling his bosses there was a 'bullet with your name on it' and threatening them with bikies - before asking for his job back
An op shop worker who allegedly threatened to unleash bikies on his bosses and told them there was 'a bullet with your name on it' has lost his claim he was unfairly sacked. Thor Dewar argued he quit in the 'heat of the moment' from Pek Care Op Shop, in Midvale, in Perth 's eastern suburbs, but should have been given the chance to retract his resignation. However, Pek Care objected to Mr Dewar's unfair dismissal application, on the basis it had not dismissed him, but rather he had resigned. The charity claimed Mr Dewar was given verbal warnings about his conduct and performance, and after a customer complaint in September last year, it issued a formal written warning and provided him with an opportunity to improve his behaviour. The concerns included allegations Mr Dewar had watched 'demonic videos', played inappropriate music at work and repeatedly used the female toilets despite being told to stop. It was also alleged Mr Dewar accused a co-worker of using drugs, gambling and having sex with numerous men and told his co-workers he had been in jail with one of the organisation's volunteers, who he alleged was charged with murder. The organisation said it intended to raise the issues during a September 6 meeting, but claimed Mr Dewar 'hijacked the conversation and resigned'. During the meeting, the worker allegedly told the manager and corporate manager that he knew bikies and they would 'be after Pek', 'you better watch your back' and 'there is a bullet with your name on it'. He also allegedly made threatening gestures with a clenched fist and then said 'I'm done' and 'I'm out of here'. The manager asked Mr Dewar for his keys, and after collecting his personal items, he allegedly threw the keys at his colleagues. Later, the worker texted the corporate manager to ask about returning to the job and whether he had been fired, but was told he had resigned. Mr Dewar said he felt as if nothing he said would be believed due to his previous incarceration, and he felt undervalued and underappreciated as an employee. When asked whether he disliked Pek's management, Mr Dewar stated he had a lot of respect for them which was lost after their last conversation. When pressed on why he would remain in employment at an organisation he disliked so much, he noted financial pressures and obligations requiring him to hold down a job. He admitted to using the female toilets at work due to the poor condition of the men's bathrooms. FWC commissioner Paul Schneider found while Mr Dewar resigned in the heat of the moment, Pek should have provided him with an opportunity to clarify the resignation after he cooled down rather than immediately accepting it. But he found that the worker made 'direct threats to the personal safety' of his managers, causing them to be 'concerned for their personal wellbeing' and his threats alone justified his dismissal.
