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Unfair dismissal – Determination whether dismissal fair or unfair. In allowing the employer's appeal against the finding by the employment tribunal (the tribunal) of unfair dismissal, the Employment Appeal Tribunal held that the tribunal had erred in substituting its view of the fairness of the employee's dismissal for gross misconduct in entering a Class C sewer without breathing apparatus contrary to an instruction. The conclusion of the tribunal that the dismissal had been unfair had been based on erroneous views of its findings of fact.
Unfair dismissal – Determination whether dismissal fair or unfair. In allowing the employer's appeal against the finding by the employment tribunal (the tribunal) of unfair dismissal, the Employment Appeal Tribunal held that the tribunal had erred in substituting its view of the fairness of the employee's dismissal for gross misconduct in entering a Class C sewer without breathing apparatus contrary to an instruction. The conclusion of the tribunal that the dismissal had been unfair had been based on erroneous views of its findings of fact.
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