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Reinstatement after dismissal for ignoring instruction not to leave work…

An employee dismissed after he ignored written and verbal instructions not to leave the workplace has won reinstatement, 11 weeks lost wages, $4,500 compensation and $3,500 legal costs.

The employee was the Union delegate for the work force and was told that if he was attending mediations with employees he needed to apply for unpaid leave seven days in advance.  He and the Union did not agree with that interpretation of the employment agreement. 

He attended a mediation and did not give the seven days notice, and was dismissed for a failure to follow instructions.

It was held that the dismissal was unjustified as the employer attended the mediation along with the Union delegate, and knew he was there supporting another employee in that role.  The requirement to give seven days notice was not reasonable.

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