The
Employment Relations Authority found that taking part in the video was misconduct
but that his dismissal was not justified.
Several
other employees received only warnings, and the ERA could find no justification
for the discrepancy between their treatment and that of the dismissed
employee. In addition the misconduct did
not justify a dismissal in any event.
Although
the employee was reinstated he failed to win any compensation because his
actions had 100% contributed to his dismissal.
Alan
Knowsley
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