An individual who was terminated from their position at a warehouse following allegations of impersonating Michael Jackson was found to have been unfairly dismissed by an employment tribunal.
Lucasz Zawadzki was accused by a co-worker of producing high-pitched «hee hee» noises resembling those of the US pop star, as detailed in the tribunal held in Manchester.
The colleague, who is of black descent, also accused Mr. Zawadzki of making monkey noises and displaying racist behavior at the Co-Operative warehouse where they were employed.
While Mr. Zawadzki acknowledged engaging in «embarrassing and juvenile» behavior in the workplace, he denied that the actions were racially motivated.
Subsequently, the Co-Operative Group was instructed to provide compensation exceeding £10,000 to Mr. Zawadzki following the ruling by employment judge Carol Porter that his dismissal was unjust.
As per the tribunal’s judgment, a colleague identified as SM reported instances of bullying to their manager in December 2023.
Mr. Zawadzki was informed about a complaint lodged against him, wherein the colleague alleged that he had emitted a «screaming noise in the style of Michael Jackson,» characterized as a high-pitched «hee hee» sound.
Mr. Zawadzki later confessed to making «grunting and moaning» noises with another colleague, describing them as «orgasmic,» and acknowledged that such behavior was inappropriate for the workplace.
He also mentioned that a colleague had made a remark about his «high-pitched laugh.»
Despite admitting to certain behaviors, Mr. Zawadzki refuted claims of impersonating the US pop star and making monkey noises, emphasizing that he had no intention of bullying or causing harm.
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The tribunal learned that Mr. Zawadzki was suspended following an alleged breach of the bullying, harassment, and discrimination policy, specifically due to making inappropriate comments to a colleague that led to hurt and distress.
In her ruling, Judge Porter stated: «Fundamentally, the claimant’s misconduct constituted inappropriate and juvenile behavior within the workplace.»
«There was no conclusive evidence presented to the dismissing officer that the admitted conduct was offensive to SM or caused distress to him.
«Furthermore, there was no solid evidence before the dismissing officer to suggest that the claimant had engaged in bullying or harassment by making those noises.»
«The claimant provided unchallenged testimony that he had worked alongside SM for an extended period without any indication that his behavior was deemed inappropriate or juvenile.»
Additionally, it was determined that «the claimant was unaware of the company’s zero-tolerance policy regarding inappropriate and juvenile conduct in the workplace» and had not «received any warnings regarding the unacceptability of such behavior.»