Practice and Procedure

OCS GROUP LTD v A J TAYLOR (2005)

PUBLISHED June 14, 2005
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Although a profoundly deaf employee's dismissal was by reason of his conduct, his dismissal was partly based on his failure to give an adequate explanation for his conduct, which was significantly influenced by his inability fully to participate in the disciplinary proceedings and was a reason related to his disability. There was no inconsistency between a finding of dismissal for misconduct and a finding that the dismissal was for a reason related to disability.

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