Coventry worker wins claim for unfair dismisal but is not aw

[TrueBlueTerrier]

Coventry worker wins claim for unfair dismisal but is not awarded compensation

http://www.coventrytelegraph.net/news/c ... -29101204/" onclick="window.open(this.href);return false;

A PARCEL depot worker accused of ‘‘aggressive behaviour’’ has won a claim for unfair dismissal on a technicality.

Ivan Derzu, of Foleshill, Coventry, was not awarded compensation because the employment tribunal at Birmingham said he had contributed to his own dismissal.

Mr Derzu made a compensation claim for unfair dismissal against Parcelforce Worldwide of Coventry where he had been a loading operator.

He did not attend the hearing to give evidence although he had made an initial statement claiming he had not done anything wrong.

Ian Hartley, representing the firm, alleged, however, that Mr Derzu had been aggressive and abusive to three work colleagues.

He alleged Mr Derzu used bad language and showed aggressive behaviour in an area of the firm where swearing was not the norm.

Mr Hartley said: “This was a serious matter. Mr Derzu apologised at his appeal hearing but was suspended on full pay and later dismissed for gross misconduct. This kind of behaviour was not tolerated by the firm.”

Tribunal judge Ann Benson said the tribunal had been told by witnesses that Mr Derzu swore at a colleague over a dispute over a bag of nails and verbally responded to another colleague who told him to stop moaning.

Mrs Benson said Mr Derzu had failed to attend the hearing to give evidence but had earlier admitted in a statement that he had a loud voice and alleged he had been picked on.

She criticised the firm for a 29-week delay in carrying out the investigation into the situation and said because of this Mr Derzu had, technically, been unfairly dismissed.

But she said he had made a 100 per cent contribution to his dismissal and would, therefore, not receive any compensation.

[Lincox]

So he is unfairly dismissed without compensation. Do Parcelforce therefore have to give him his job back?