A worker dismissed for taking part in a “Harlem Shake” video at work has won his unjustified dismissal claim and reinstatement.

The Employment Relations Authority found that taking part in the video was misconduct but that his dismissal was not justified.

Several other employees received only warnings, and the ERA could find no justification for the discrepancy between their treatment and that of the dismissed employee.  In addition the misconduct did not justify a dismissal in any event.

Although the employee was reinstated he failed to win any compensation because his actions had 100% contributed to his dismissal.