A Mechanic v A Motor Dealer [2019] ADJ-00016225

Keywords: Unfair Dismissal, Gross Misconduct, Breach of Fair Procedures; Absence

This case highlights the importance of an employer to adhere to their disciplinary policies before they dismiss an employee. The Complainant was employed as a mechanic with the Respondent company. In August 2018, the Complainant had arrived late for his shift for the second consecutive day and had also smelled of alcohol. He had been sent home the previous day for the same offence.

The Complainant failed to follow the Respondent’s instructions to report to the General Manager. He did not provide any explanation as to why he was late. When the manager informed the Complainant that this type of behaviour