'Aggressive' supervisor said to have called worker 'snowflake' loses unfair dismissal case

The Workplace Relations Commission adjudicator found that Paul Dixon's very bad behaviour was of a kind that no reasonable employer could be expected to tolerate the continuance of the relationship for a minute longer. Photo: Eamonn Farrell/RollingNews.ie

A supervisor who allegedly called a worker a ‘snowflake’ during an altercation has lost his unfair dismissal action.

At the Workplace Relations Commission (WRC), Adjudicator Marie Flynn found that the decision by furniture retailer, dfs Trading Ltd, to dismiss Paul Gary Dixon for gross misconduct on July 31, 2020, was fair.

In her findings, Ms Flynn found that the altercation that occurred on July 2, 2020, immediately after a manager had asked Mr Dixon to treat his colleagues with respect, was very bad behaviour of such a kind that no reasonable employer could be expected to tolerate the continuance of the relationship for a minute longer.

Ms Flynn said that any employer faced with the same circumstances to those that pertained in this case would have acted in the same way and that the dismissal was procedurally and substantially fair.

Circumstances around alleged incident

Mr Dixon commenced employment with dfs Trading Ltd on March 13, 2018, as a delivery driver and at the time of the altercation was working as an Acting Warehouse Supervisor on July 2, 2020, at a company warehouse after previously suffering a back injury.

On July 2, 2020, a colleague of Mr Dixon made a complaint to management that Mr Dixon had spoken to him and a co-worker inappropriately. The worker told Mr Dixon the way he had spoken to him was “unacceptable” and confirmed that he had spoken to management about it.

The worker alleges that in response, Mr Dixon called him a "snowflake" and a "child-brain".

The worker admitted that he reacted inappropriately and called Mr Dixon a ‘w**ker’ and alleged that in response, Mr Dixon rushed towards him, shoulders forward and his fists clenched and a General Manager pulled Mr Dixon away before he reached him.

dfs trading Ltd contended that the worker’s version of events is corroborated by another worker who alleged that Mr Dixon stormed in and asked why he was working with so many “snowflakes” and “childish brain people”.

He stated that Mr Dixon was very aggressive and went towards his colleague with clenched fists before the General Manager had to pull Mr Dixon away. Another worker who was a witness to the altercation stated that Mr Dixon “showed his fists like a boxer”.

The letter from management suspending Mr Dixon in July 2020 told him: “I’m really concerned about your conduct. I spoke to you previously about how you were speaking to the guys, and I asked you to speak to them respectfully.

“I don’t feel that you’ve taken that on board, and the way you reacted makes me worry that you will physically attack someone, which I simply can’t risk, therefore, I will be placing you on suspension until further notice, as a precautionary measure.” Mr Dixon denied the allegations and stated that he had not acted in an aggressive manner.

Mr Dixon contended that the eventual decision to dismiss him from his employment was unfair, and that there were no substantial grounds to justify his dismissal, other than fabricated stories.

Mr Dixon stated that while he fully accepted that a conversation did take place on the factory floor between himself and his two work colleagues, he does not accept that he was aggressive or that his fists were clenched.

The hearing

Under cross-examination at the hearing, Mr Dixon said that he did not believe that his actions on July 2, 2020, warranted any sanction as he did not believe that he had done anything wrong. dfs Trading Ltd stated that its position is clear that it considers such behaviour to be unacceptable.

The firm said that Mr Dixon’s actions in allegedly threatening and acting aggressively towards his colleagues were deemed to be entirely unacceptable and the company cannot be expected to tolerate such alleged behaviour in its workplace.

The General Manager told the WRC that he decided to suspend Mr Dixon on July 14, 2020, because Mr Dixon did not show any remorse after the incident on July 2, 2020, nor did he take any ownership for what had happened.