THE CLAIMS
Unfair dismissal
Wrongful dismissal (notice pay)
The Claimant’s case was (1) she was not guilty of misconduct, (2) the Company withheld, fabricated or misrepresented evidence, (3) procedural failures in the dismissal.
THE RESPONSE
The dismissal was for gross misconduct involving breach of contractual clause re confidentiality, breach of the implied clause of fidelity, serious insubordination, dishonest responses during investigation. Subsequently it was discovered that the Claimant had covertly recorded meetings despite a clear Handbook prohibition and explicit instruction forbidding such recording before the meeting which the Company declared would have warranted a gross misconduct dismissal in its own right.