Bertie Johnston v Northern Ireland Transport Holding Company t/a Ulsterbus Limited (CASE REF: 170/15)Posted In: Case Law
Legal BodyNI Industrial/Employment Tribunal (NIIET)
Type of Claim / JurisdictionUnfair Dismissal, Disciplinary and Grievance Issues
This was a claim of unfair dismissal. It was alleged that the claimant had been guilty of gross misconduct in his behaviour towards a vulnerable adult who worked as a volunteer. Aside from the factual disputes, the claimant claimed, inter alia, impropriety based on the fact that the same two people had dealt with the investigation and disciplinary hearing. However the respondent stressed that this was the ‘usual procedure adopted’ and the existence of two different levels of appeal more than protected the claimant. This tribunal recognised the latter procedure as ‘exceptional’ and noted that according to the Labour Relations Agency Code of Conduct on Disciplinary and Grievance Procedures,
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