Reply To: MUST ACTUAL DISREPUTE BE PROVEN?

[Michael Bagraim]

In essence an assault in all circumstances warrants a dismissal. It does appear that they have “charged” the employee at the disciplinary hearing with the least liability. Bringing an employers name in to disrepute does require at least some proof and there doesn’t seem to be much here at all. However, if this assault took place in front of customers this would be vastly different. The HR manager can show on a balance of probabilities that an assault in a supermarket which is normally busy does lead to disrepute and this does not need to be proved beyond all reasonable doubt. This is a civil and administrative action and only has to be proved on a balance of probabilities.