The gross misconduct ruling of an Irish employment tribunal shows the dangers of unconscious bias in the workplace, according to one legal expert.
Paul Gary Dixon was dismissed for gross misconduct by furniture retailer DFS Trading Limited after an incident on 2 July 2020, when he called a warehouse colleague a “snowflake” and a “child brain” before allegedly rushing towards them with his fists clenched. He was suspended and later dismissed following a disciplinary meeting.
At a hearing of the Workplace Relations Commission (WRC) earlier this month, the WRC heard that the altercation involving Dixon, who had no previous behavioural or performance issues at work, had broken out only five minutes after the general manager had warned him about the “inappropriate manner” he used to address other staff members.
In response to being called a “snowflake” and a “child brain” a colleague insulted Dixon in return – before Dixon allegedly rushed towards the colleague with his fists clenched. Another worker who witnessed the incident said Dixon had raised his fists “like a boxer”. The general manager was forced to pull him away before any physical altercation could take place.
Jason McMenamin, employment expert at Pinsent Masons, said: “Often employees are not aware of bias and the impact of terminology. As part of an organisation’s D&I training colleagues should be encouraged to challenge their unconscious bias and to focus on inclusive behaviour and terminology.”
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