Co-op worker wins £10,600 after being unfairly dismissed for imitating Michael Jackson at work
A Co-op worker was dismissed for making Michael Jackson’s "hee-hee" sounds at a colleague, as heard by a tribunal.
Lukasz Zawadzki found himself in trouble over allegations that he impersonated the late King of Pop to tease a coworker.
He was let go for "bullying" after purportedly making the high-pitched "hee-hee" noises popularized by the Man In The Mirror singer.
However, he has now been awarded more than £10,600 after an employment tribunal concluded that his dismissal was unfair.
The Manchester Employment Tribunal heard that Mr. Zawadzki was employed by Co-op as a warehouse worker in December 2015.
He was reported by a colleague in December 2023, who accused him of making monkey noises and using a high-pitched voice.
Zawadzki was also alleged to have made a "silly orgasm noise," which irritated his coworkers.
The warehouse worker was later suspended but denied making any monkey noises or impersonating Jackson.
He did admit to making noises that sounded "orgasmic," which were not suitable for the workplace.
However, he claimed that the colleague who complained showed no indication of being upset, even though they had worked together for 18 months.
During the hearing, he acknowledged that it was "inappropriate" and "juvenile" to make the noise at work.
But Mr. Zawadzki stated he did not believe it to be racist and explained that he only joked around in the office to make people laugh.
Nevertheless, in March last year, he was terminated by the Co-op.
His dismissal letter noted that "an independent witness confirmed hearing what they described as ’a sort of hee-hee noise’".
He appealed to the general manager a month later, arguing that the decision had been made before he could present his case.
The tribunal heard that he had banged his fist on the table in frustration before leaving the meeting.
However, since he had not been warned about his conduct and no one had previously mentioned feeling offended, his dismissal was ruled unfair.
In his favor, employment Judge Carol Porter ruled the dismissal was not a "reasonable response."
Judge Porter said: "The dismissing officer made it very clear in his evidence that the reason for dismissal was that [Mr. Zawadzki] had admitted to making noises in the workplace which were embarrassing.
"[Mr. Zawadzki] acknowledged they were inappropriate and juvenile and that a coworker had been offended by those noises.
"There was no sufficient evidence before the dismissing officer that Mr. Zawadzki had, by making those noises, engaged in bullying or harassment.
"He had been engaging in this type of juvenile behavior for some time and had not received any warnings that such behavior was unacceptable and could lead to disciplinary action including dismissal.
"The dismissal did not fall within the band of reasonable responses."
As a result, the Co-op was ordered to pay him £10,611 in compensation.
That amount was halved after the tribunal found that his conduct in the workplace had been unprofessional.
Earlier this year, a social media creator won a £22,000 payout after she was sacked for making typos and not posting for a month.
Anita Briggs created digital content for the National Museums of Scotland for 16 years before she was "unfairly dismissed."
However, the employment tribunal found that Anita had not been given sufficient warning and awarded her £22,210 in compensation.
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