Mr M Ramzan v Stripestar Limited — 2020

Mr M Ramzan was employed by Stripestar Limited from 10 August 2015 until his summary dismissal on 25 October 2019. The respondent said the reason was gross misconduct, namely falsely claiming time on job card write-up for work not carried out on vehicles. The claimant advanced alternative explanations, including a strained relationship with his Service Manager and a suggestion that dismissal was linked to an apprenticeship bonus, but the tribunal found those were not the reason for dismissal.

The tribunal accepted the respondent's evidence that concerns arose after a Performance Improvement Notice in September 2019, when the claimant's recorded efficiency increased markedly. In the investigation and disciplinary process, the claimant was shown job cards and CCTV footage relating to vehicles on which he had recorded "strip and clean" work on brakes. He accepted that he had not carried out "strip and clean" on at least two vehicles, and the respondent later obtained checks from a Master Technician which found no evidence that the claimed brake work had been done.

Applying section 98 ERA 1996, the tribunal held that conduct was a potentially fair reason for dismissal and that the respondent genuinely believed the claimant was guilty of misconduct on reasonable grounds after a reasonable investigation. It relied on the claimant's own explanations, the CCTV, the job cards, and the later vehicle inspections, and rejected the argument that the investigation had to cover alleged work "off the clock" because the issue was whether the claimed work had been done at all. The tribunal also found the appeal process reasonable and impartial, and concluded that dismissal fell within the band of reasonable responses.

The tribunal therefore held that Mr Ramzan was not unfairly dismissed. No remedy hearing or monetary award is recorded in the judgment.