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Jacovelli v Royal Mail Group Ltd - Tribunal was entitled to find that dismissal was fair [2011] EAT

Tribunal was entitled to conclude as it did on fairness of dismissal: disagreement with its conclusion was no good basis for appeal.

Mr Jacovelli took an extra day off beyond his pre-booked leave: he claimed to have agreed this with a manager but she denied it. A disciplinary hearing followed and he received a written warning, but just prior to an appeal hearing Mr Jacovelli suddenly produced what he claimed was an e-mail between himself and the manager confirming the extra leave.

The manager denied this was genuine and, at a disciplinary hearing, it was decided that the e-mail was, in fact, fraudulent: Mr Jacovelli had a history of unauthorised absences, he had maintained he had spoken permission until suddenly producing the e-mail, and had everything to gain by producing it. On that basis he was dismissed for gross misconduct.

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