Archives: Misconduct

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UK Employment Tribunal awards £3.2m to woman called “Crazy Miss Cokehead” by colleagues

The woman who was called “Crazy Miss Cokehead” by her manager has been awarded nearly £3.2m by an Employment Tribunal for sexual harassment, reportedly including £44,000 for injury to feelings and a further £15,000 in aggravated damages. We originally posted a blog on this story in November 2013 https://www.employmentlawworldview.com/crazy-miss-cokehead-when-banter-goes-too-far/.  Following the liability hearing, the Tribunal … Continue Reading

Does sacking an employee for calling the boss a “complete d*ck” constitute unfair dismissal in Australia?

In a sequel to our blog last year concerning Australian employers using expletives towards employees (click here), the Fair Work Commission was recently faced with the converse scenario, this time being asked to rule on whether an employer was entitled to summarily dismiss an employee who had inadvertently sent him a text message in which … Continue Reading

Employer not driven to investigate all defences in UK disciplinary process

Some reassuring guidance for employers on the conduct of disciplinary investigations from the Court of Appeal last week – not new law but a clear and helpful analysis of just how far you have to go to investigate an employee’s defence. Mr Shrestha was employed by Genesis Housing Association as a support worker, a role … Continue Reading

Single breast grope not sackable offence, says European court

Right, that should be enough to scupper UKIP’s chances of bringing the UK out of Europe, so now onto the actual facts. The German Labour Court in Erfurt last week ordered the reinstatement of a garage mechanic dismissed for fondling the cleaner’s breasts. Cut and dried dismissal material, one might think, especially accompanied by his … Continue Reading

When blackmail and threats over-ride an employee’s duty of loyalty in Europe

Every now and again you read about a case which makes you wonder whether you have just been spending time with Alice in Wonderland. The European Court of Human Rights (ECHR) has recently delivered such an out-of-body experience relating to freedom of speech where an employee “bad mouthed” his employer in the national press. Mr … Continue Reading

Lessons from the Target “Walk of Shame” Lawsuit – Addressing Suspected Illegal Employee Misconduct

According to a lawsuit filed on January 22 in Los Angeles Superior Court, a young Target employee who had Asperger’s Syndrome (a high-functioning form of autism) committed suicide three days after being paraded through the store in handcuffs and taken away in a police car, allegedly as part of a Target disciplinary policy known as … Continue Reading

Sense and insensibility in French Court Employment decisions

Two recent cases from the French Courts are reviewed in this post, one a sensible relief and the other just frankly terrifying.     First, an employee with more courage than realism claimed that the obligation of confidentiality in his employment contract restricted his freedom to practise his profession, and was therefore void.  He was prepared nonetheless … Continue Reading

Not unreasonable, not perfect – UK Court of Appeal guidance on disciplinary process

Some generally reassuring guidance for employers from the Court of Appeal this month concerning the level of certainty required to legitimise the starting of formal disciplinary proceedings.   Dr Mian worked at Coventry University when accused of complicity in the provision of falsely favourable references for a former colleague.  A preliminary investigation was carried out by … Continue Reading

US Labor Board Blesses Picket Line Crotch Grabbing

The National Labor Relations Board (“NLRB”) ruled that Illinois Consolidated Telephone Co. violated the National Labor Relations Act when it suspended striking switchman Eric Walters for making an obscene gesture.  Specifically, Walters grabbed his crotch in a sexual gesture aimed at an employee crossing the picket line.  While the Labor Board did find credible evidence … Continue Reading

Porn again – professor sacked for beaming porn on white board during lesson

While it is not beyond belief that students with tablets and smart phones might surreptitiously occupy their minds elsewhere during a lecture, this year’s Employmentlawworldview Oscar for Best Multitasking must surely go to the Swiss professor dismissed last week for watching porn while giving a lecture.  What poise, what practice, what confidence that must take, … Continue Reading

Employee commits “brutal and unprovoked attack” on shopper … who gets the bill?

A customer at a Morrisons supermarket petrol station entered the payment kiosk and asked the employee there whether it would be possible to print some documents from his USB stick. An unusual request, granted, but not in any way hostile or offensive, so the customer would surely have expected from this request no worse an … Continue Reading

Wages claim exposes cheerleaders’ relations with players

Following on from Ellen Inglis’ piece on Kerry Miller, the Burton Albion Football Club administrator who sent ‘sexy selfies’ to players half her age, comes a tale from ‘football’ on the other side of the Atlantic, of players, cheerleaders, rules and mild condescension.    The Oakland Raiders, with their skull and crossbones logo and rabid fans, … Continue Reading

A UK tale of sexy selfies, steamy shower rooms and the WAG wannabe who would not take a hint

Workplace relationships, petites aventures and flirtation between employees are a headache that many employers have to suffer. The management of workplace romance has become increasingly difficult with staff working longer hours and social media often blurring the lines between the professional and personal lives of employees.    This issue was splashed across the press recently when … Continue Reading

Party politics – a re-appraisal of corporate entertainment for the festive season

Once upon a time, in a land far far away (the 1980s), Christmas parties were an excuse for a good old knees-up, staggering amounts of inebriation, wildly inappropriate conversations, and for drunken staff to get anything off their chest to the MD safe in the knowledge that he (and in those days it almost always … Continue Reading

Caught with your trousers down? Dismissal may still be below the belt

Recently my eye was drawn to the headline: “PC caught having sex on duty reinstated because his firearm was within reach”.  For purely professional reasons, obviously, one reads on. PC Shaun Jenkins was the sort of upstanding individual Gwent residents would want and expect to be a part of their local police force, a recipient … Continue Reading
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