disciplinary because of mobile phone footage

It’s fair to say Glynn felt rubbish when he was sacked for failing to properly dispose of his food waste.

The van driver was fired for failing to put his fast food wrapping in a bin, walking off, and leaving it on the ground in a drive-thru car park. The incident was captured on mobile phone video.

To make matters worse, he was then filmed driving off and putting on his seatbelt once he had driven a few meters in the car park.

Glynn’s van included the name of his employer and a ‘How’s my driving’ telephone number on the back.

The person who filmed Glynn contacted the number and later provided a copy of the video to his bosses.

When Glynn was summoned to his manager’s office the following day, he was asked if he had deliberately thrown rubbish on the floor at the drive-thru.

Shocked, surprised and confused by the question Glynn said no. He was also asked if he had ever driven the van without a seatbelt, and again said no.

Stunned Glynn was accused of lying and then told he was suspended from work.

His manager said the matter was very serious, there had been a complaint from a member of the public and Glynn had been dishonest. At this stage he had still not been told about the phone footage.

The following week Glynn was invited to a disciplinary hearing to face allegations of gross misconduct by bringing the company into disrepute and driving without a seatbelt.

The evidence provided to Glynn consisted of four stills taken from the video. One image showed him approaching the bin with rubbish in hand, and the other walking away with it on the floor.

The other two images, one showed him behind the wheel with no seatbelt on and the other showed the vehicle in a slightly different position and him with the seatbelt in hand as if pulling it across his shoulder to put it on.

At the disciplinary hearing Glynn admitted it was him in the photos.

He was dismissed based on the allegations, and for lying about the incident and putting the employer’s reputation at risk if the footage was posted on social media.

He believed the decision was grossly unfair, and that because he had just over two years’ service it amounted to an unfair dismissal.

Glynn contacted our Employee Support Centre for help with his case.

Our representative agreed with Glynn, felt the decision was too severe and the process conducted unfair.

He wrote and submitted a disciplinary appeal for Glynn on those grounds.

Prior to the disciplinary appeal hearing our representative requested a copy of the mobile phone footage.

The employer initially refused the request citing data protection rules. This was rightly challenged by our representative and along with Glynn he was later invited to a meeting to view the footage ahead of the appeal.

At the appeal hearing our representative pointed out the footage showed Glynn put the rubbish in a full bin and it fall out the second his back was turned.

He told the hearing he clearly did not see what happened and honestly and reasonably believed he had correctly disposed of the rubbish.

Glynn admitted moving the vehicle a few meters and putting on his seatbelt at a very low speed. Our representative accepted it was a mistake.

He strongly maintained as it was a private car park, he was travelling at low speed, had only gone a few meters, the sanction of dismissal is too severe. It was added that even if convicted of driving without a seatbelt it would not prevent Glynn from doing his job.

The withholding of the footage, accusing Glynn of lying and fears about the footage being put on social media, when it was not, were highlighted to argue how unfair the decision to dismiss was.

Our representative told the appeal hearing Glyn was remorseful and apologetic and had taken appropriate learning from the incident.

Glynn wanted to be reinstated if his appeal was successful, which it was. He returned to work the following week.