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Unfair dismissal – Determination whether dismissal fair or unfair. The Employment Appeal Tribunal ruled that the employment tribunal had based its finding of unfair dismissal on a plain misunderstanding of the employer's grievance policy. Further, the employee had not wanted such a hearing and the employer had the discretion to proceed straight to a disciplinary investigation under the policy. Accordingly, the appeal was allowed and a finding of a fair dismissal was substituted.
Unfair dismissal – Determination whether dismissal fair or unfair. The Employment Appeal Tribunal ruled that the employment tribunal had based its finding of unfair dismissal on a plain misunderstanding of the employer's grievance policy. Further, the employee had not wanted such a hearing and the employer had the discretion to proceed straight to a disciplinary investigation under the policy. Accordingly, the appeal was allowed and a finding of a fair dismissal was substituted.
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