The Complainant was employed as a Store Manager/Supervisor with the Respondent from 30th April 1997 until his dismissal on the 16th September 2019 for gross misconduct.  The conduct in question related to the behaviour of the Complainant, which was alleged to be confrontational, aggressive and intimidatory towards his line manager.

The Complainant argued that the sanction of dismissal was unreasonable considering his dedicated service over the course of his employment.  In particular the Complainant argued that the outcome of the disciplinary hearing was pre-ordained and the investigation while conducted by an external party was commissioned by the Managing Director, was substandard and the whole process did not follow the principles of natural justice.

The Adjudication Officer found preferred the