Man sacked for doing Michael Jackson 'hee-hee' noises to colleague is given £10,000 payout
A man who was sacked from his job in a warehouse after allegedly impersonating Michael Jackson was unfairly dismissed, a court has ruled.
Lucasz Zawadzski lost his job at the Co-operative warehouse in Manchester last year after a colleague, who is black, accused him of making Michael Jackson 'hee-hee' noises, towards him. The co-worker, known only as SM, also claimed Zawadzski 'made monkey noises' towards him, so reported the issue to his manager as bullying in December 2023.
In court, Zawadzski confessed his behaviour had been 'embarrassing and juvenile' but insisted it was not racially motivated. He also admitted making 'grunting and moaning' sounds with another colleague and agreed that they could be described 'orgasmic' and were 'not appropriate' in the workplace.
The former Co-operative employee said a colleague had commented on his 'high-pitched laugh' but denied he was impersonating Michael Jackson and rebuffed claims he'd been making monkey sounds insisting he had no intentions to 'bully or hurt someone,' as per the BBC.
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Zawadzski had been suspended from his role in the warehouse after 'an alleged breach of the bullying, harassment and discrimination policy, specifically making inappropriate comments to a colleague causing hurt and distress.'
However, on hearing the case at a tribunal in Manchester, Employment Judge Carol Porter decided the man had been unfairly dismissed after finding no evidence that his behaviour had caused his colleague distress.
"In essence the misconduct of the claimant was inappropriate and juvenile conduct in the workplace," she said in her judgement.
"There was no satisfactory evidence before the dismissing officer that that particular admitted conduct was offensive to SM, or caused him distress.
"There was no satisfactory evidence before the dismissing officer that the claimant had, by making those noises, engaged in bullying or harassment.
"The claimant gave clear evidence, which was not contradicted, that he had worked with SM for a long time and SM had never told him that he found this inappropriate and juvenile behaviour offensive."
Judge Porter went on to say that 'the claimant was not aware of the company’s zero-tolerance policy in relation to inappropriate and juvenile behaviour in the work place' and had not 'received any warnings that such behaviour was unacceptable.'
As a result, the Co-operative Group were forced to pay Zawadzki more than £10,000 in compensation for unfair dismissal.
LADbible has reached out to the Co-operative Group for comment.
Topics: Michael Jackson, UK News
Emma Rosemurgey