Question
Mr Abbott was 64 years of age and was dismissed from his employment with Sideways Food Services (Sideways) following an email sent by Mr Abbott
Mr Abbott was 64 years of age and was dismissed from his employment with Sideways Food Services ("Sideways") following an email sent by Mr Abbott which was deemed to be seriously offensive to people from Asian countries. Sideways had policies in place which clearly prohibited such conduct by employees. Their policy also included managerial guidelines relating to consultations with employees who engaged in such conduct. Mr Abbott had a history of sending such emails but Sideways had never issued warnings or recorded these previous incidents. His manager had never provided training to Mr Abbot to correct his conduct. His dismissal was immediate, and there were no discussions between Mr Abbott and any Sideways employee, as he was led from the factory by security guards.
Required: Discuss whether Mr Abbott would be successful in a claim for unfair dismissal. Your discussion should include identifying any errors Sideways made in the dismissal.
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