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Unfair dismissal + physical encounter

  • 22-06-2015 3:18pm
    #1
    einsatu
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi,

    I got fired for gross misconduct "bullying". I say I was bullied and after a time i bullied BACK. Anyway, I want to appeal it in front of the right commissioner or similiar.

    But: About 2 months after I got fired, I saw one of the people who "witnessed" against me in town. Back at work he called me once a dog or refered to me as the "white guy" and similar. When I saw him, I lost it a little bit, approached him and confronted him like do you remember when you called me ... etc. A physical confrontation started where he started punching me in the face, kicked me etc. After that I punched him then right away one time in the face and he stopped and went away.

    The confrontation was for sure started by me, but not the punching and stuff. I am sure he reported the incident at work. It is a very rich and big multi national company. They will use everything against me.

    If I appeal now, can the employer argue that this incident displays my general behaviour, even it was after my employment? Could I get into legal trouble because of this within the appeal process? The incident is several months ago, he has a witness (I dont) who back then was calling the garda/police but when I said she should not forget mentioning him attacking me first she dropped the call.

    If my appeal gets denied because of this, its fine with me, but I do not want to get in trouble because of the appeal process itself.


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