The Complainant was employed as a Security Officer with the Respondent from February 2018 until his dismissal in March 2020, following which the Complainant lodged a complaint of unfair dismissal.  The Respondent refuted the claim for unfair dismissal and argued that the dismissal was justified through the Complainant’s gross misconduct. The Respondent contended that the action of assault taken against a customer, who was a minor, amounted to an action contrary to the company’s culture and values and warranted dismissal.

The Complainant was taken aback by the circumstances of his dismissal, which he argued was disproportionate. He stated that he had a clean disciplinary record prior to the incident which culminated in his dismissal. He also submitted that the