Mr Miller was a machine operator in the Hamilton factory of Philips Lighting where they make light tubes.
On 19th June 2007 two things happened. Mr Miller had a row with another employee and was "verbally abusive" during the incident. Secondly, at or about the same time he destroyed a number of good light tubes. He was called to a disciplinary hearing. Both allegations were found to have been proved and he was dismissed summarily on grounds of misconduct. An internal appeal was dismissed.
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