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LB ...
Is it ok for an employer to become less reasonable due to circumstance? Would the actions carried out by a party in a dispute, give a court more ground for lenience when judging a case?
You're stretching my point ...
I'm a mildly pi§§ed off SLF. I tried to answer as I would as the employer, given what I've learned over the last couple of years.
1. Yes, I would perhaps be less 'reasonable' if faced with a succession of cases of 'ill-dicipline', especially if warnings had been given generally to the workforce. However, as I don't know that happened in the BA/BASSA case, I tried to play a general scenario when answering the questions.
2.
Any party in a dispute surely has to play by the basic rules? That would include not intimidating other personnel at the workplace etc etc. Likewise the company in a dispute should conform to extant agreements, such as agreed disciplinary procedures. It would seem to have been a bit one-sided in those respects.
Of course, if I had been the CEO a few years back, we would never have reached this position
