Ms T claimed that she was unjustifiably dismissed by Farmers for assaulting a co-worker. Her argument was that she did not assault the person, and she was acquitted in the District Court on a criminal charge of assault. Farmers argued that it conducted a full and fair investigation which led to its conclusion that Ms T had committed the assault and the dismissal was justified.
Ms T was employed under an individual employment agreement which was subject to Farmers’ work rules and disciplinary procedures. The rules set out various behaviours described as misconduct “which will result in disciplinary action...in the event of serious or repeated breaches are likely to result in summary dismissal”.
The rules stated all team members were to conduct themselves in a socially acceptable manner. Threats, abuse, physical violence, threatening behaviour or bad language to team members, customers or suppliers were not acceptable.
Ms C was Ms T’s supervisor. One afternoon Ms C was called in to see a co- worker of Ms T who was in a hysterical state with a bump on her head. The co-worker said Ms T had come around to her place, woke her up and started belting her on the head. The co worker said Ms T told her she thought that she had been seeing a man who Ms T was also seeing.
The co worker later received four text messages in a row from Ms T which included such things as “you’re lucky I don’t come around there and smash you good and proper b## ….. so b## don’t you ever f#### speak to me again”.
The co worker also laid a complaint with the Police.
The authority found Farmers investigated the matter in a proper manner. In the case of a dismissal the question is as follows - was what the employer did and how it did it what a fair and reasonable employer would have done in all the circumstances?
The authority went on to say it was clear law that simply because a worker is dismissed for reasons which are later the subject of a criminal trial at which the worker is acquitted, it does not follow that the worker must have been unjustifiably dismissed.
One other thing – I wish people would stop abusing each other via text. It’s like email – people text things that they would never say in person. The other thing is that it is stupid. As soon as that text goes there is a documented record of exactly what you said. I am seeing more and more cases where employees are rightly being taken to task for nasty or threatening texts to fellow workers. If you haven’t got anything nice to say – try saying nothing.
