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MoJA dairy worker who was sacked after he wore an Osama bin Laden facemask to work and took a ‘selfie’ of this was unfairly dismissed, an employment tribunal has ruled.

Robert Mazur worked as a lab technician for Crediton Dairy Limited at its dairy plant in Crediton, Devon, for seven years testing samples of milk, water and chemicals in a sealed room at the plant. On one working day he brought an Osama bin Laden mask into the laboratory and took a photograph of himself with the mask on in the lab, subsequently posting this photo on Facebook. However, the photo that Mr Mazur had taken of himself (commonly known as a ‘selfie’) also showed a fragment of his employer’s logo. The management at the firm subsequently viewed the photo on Facebook and disciplinary proceedings were commenced. This resulted in Mr Mazur being dismissed for gross misconduct on the basis that he had brought his employer into disrepute.

After being dismissed from his employment Mr Mazur made a claim for unfair dismissal to the Employment Tribunal. Mr Mazur also claimed that he had been a victim of bullying and that the diary had escalated a minor issue to gross misconduct after one of his bosses had branded him as “rude and difficult”.

Mr Mazur’s claim came to the Employment Tribunal earlier this year, with the Employment Tribunal ruling in February 2015 that he had been unfairly dismissed. However, the Employment Tribunal also ruled that Mr Mazur was 60% at fault for his dismissal and any award made by the Employment Tribunal will therefore be cut proportionately.

Mr Mazur stated after the judgment of the Employment Tribunal was released: “It has been a very long and exhausting case. Everything was new for me as I have never had to fight for justice in front of court. Bearing in mind I suffered severe depression and am not fully recovered yet. Thankfully I got a lot of support from my friends even those currently employed by Crediton Dairy.”

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Businesses must take decisions to dismiss employees that are reasonable in the circumstances and must also carry out a fair procedure in dismissing employees. If a business fails to take these steps then they could be opening themselves up to litigation in the employment tribunal.”

A remedy hearing will be held at a later date to determine compensation in Mr Mazur’s case.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

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Anonymous

Immediate response to my initial enquiry. Very clear throughout the whole process and thorough and great communication which worked really well during quite a stressful time. Chris Hadrill was extremely helpful and made me feel at ease.

Posted 2 months ago

Nick D

I received a very professional service from Chris. The advice given really helped to leave me comfortable to sign the settlement agreement following my redundancy. Would be happy to recommend your services to others.

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Anonymous

Excellent service from initial contact to deliverables.

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Yes, Chris Hadrill answered all my questions and I feel more confident with my current situation

Posted 2 months ago

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Chris Hadrill was referred to me my a friend of mine. I found the service to be efficient, quick and like Chris's direct approach to my work. Well done and thank you Chris!

Posted 3 months ago

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Very prompt & structured service that helped put my mind at rest at a difficult time

Posted 3 months ago

Anonymous

I have found Redmans to be very helpful, diligant and thoroughly professional when dealing with them, plus they gone that extra mile for me !

Posted 3 months ago

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Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 3 months ago

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 7 months ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 7 months ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 7 months ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 7 months ago

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Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 8 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 8 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 8 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 8 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 8 months ago

Anonymous

Excellent work delivered with great quality

Posted 8 months ago

Dominic

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Posted 8 months ago

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Posted 8 months ago

Anonymous

Resolved my issues

Posted 8 months ago