A warehouse worker has won an unfair dismissal case after being sacked for allegedly impersonating Michael Jackson towards a colleague. Lucasz Zawadzki was ordered to receive more than £10,000 in compensation from the Co-operative Group following the employment tribunal ruling in Manchester.
The case centred around accusations that Zawadzki made high-pitched "hee hee" noises mimicking the pop star towards a black colleague. The colleague, referred to as SM, also accused Zawadzki of making monkey noises and being racist at the Co-operative warehouse where they both worked.
Zawadzki admitted to making "embarrassing and juvenile" noises in the workplace but strongly denied any racist intent. He told the tribunal he did not wish to "bully or hurt someone" and rejected claims that he was impersonating Michael Jackson or making monkey noises.
Tribunal findings
Employment Judge Carol Porter found that Zawadzki had been unfairly dismissed by the Co-operative Group. The ruling came after SM reported the allegations to management in December 2023, claiming he had been a victim of bullying.
During proceedings, Zawadzki admitted making "grunting and moaning" noises with another colleague, agreeing these could be described as "orgasmic" and were "not appropriate" in the workplace. He also acknowledged that a work colleague had commented on his "high-pitched laugh".
Evidence insufficient
Judge Porter concluded there was insufficient evidence to support the dismissal. She stated: "In essence the misconduct of the claimant was inappropriate and juvenile conduct in the workplace. There was no satisfactory evidence before the dismissing officer that that particular admitted conduct was offensive to SM, or caused him distress."
The judge found no evidence that Zawadzki's behaviour constituted bullying or harassment. She noted that Zawadzki had worked with SM for a long time and SM had never previously indicated the behaviour was offensive.
The tribunal also determined that Zawadzki was unaware of the company's zero-tolerance policy regarding inappropriate workplace behaviour and had received no prior warnings that such conduct was unacceptable.
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
