As the Managing Director was on the receiving end of the physical assault, he delegated the investigation task to the Company's Director Secretary. She conducted a thorough investigation, this collated computer records and other documentary evidence, she also took statements from witnesses to establish further information on the assault on the MD.
The investigation found that this former employee Sean Duffy on 8 February 2011:
a. Was grossly insubordinate to the Managing Director.
b. Physically assaulted the Managing Director by an unwarranted head butt.
c. Told a malicious lie about the Managing Director.
d. Attempted to falsely accuse the Managing Director of said assault to the police.
The investigation concluded that each one of these events was an act of Gross Misconduct. Also that in the aftermath this former employee acted in an abusive, threatening, and bullying manner in an apparent attempt to intimidate the Managing Director.
The investigation found that the company was fully justified in dismissing this former employee with immediate effect under contract notice due to Gross Misconduct. In fact this action was viewed by the investigation as the more lenient option.
It was noted that the violent physical attack by this former employee Sean Duffy was a criminal act, and the false statement he attempted to provide to the police was also a crime. The malicious lie which was told via a mobile phone in the presence of the MD whom he had just physically attacked was deemed a civil offence.
The violent assault by this employee had already been reported to the police by the Managing Director on 8 February 2011, and the police were informed on 9 February 2011 that the physical assault had been dealt with as an internal disciplinary matter by immediately dismissing the former employee. The police recorded that the company had sacked former employee Sean Duffy due directly to his head butt assault on his Managing Director boss and his subsequent gross misconduct.
The investigation also recommended that any requests for a reference from this former employee Sean Duffy will need to be channelled through the company's legal advisor.
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