Lucian Mihai Muscalu v Gunn Lennon Fabrication [2023]

Background:

The Complainant was a general operative of the Respondent company from 2 September 2019 until his date of dismissal, 1 July 2021. On 25 June 2021, the Complainant was at a company barbecue with a “work bubble” of colleagues. The Complainant admitted at the time of hearing that he was intoxicated at the event and made racist comments to his colleagues, which was a multi-national group that included a colleague from Jamaica. The Respondent also alleges the Complainant made inappropriate comments about homosexuals.  The Complainant says his comments were not meant to cause offense, and his colleagues laughed at the comments he made. He said his Jamaican colleague was not upset