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Misconduct: Previous warning did not justify dismissal without investigation

This report relates to 1 case(s)

An employer which dismissed an employee after an altercation on the shop floor acted unreasonably because it had not fully investigated the circumstances, but had jumped to the conclusion that the employee was guilty of misconduct, holds the EAT in FMU Ltd v Sutheran. The fact that the employee was already under a final written warning in respect of other conduct did not give the employer an automatic right to dismiss regardless of the circumstances.

Ms Sutheran was employed by FMU Ltd.