Stephen Mullen was fired by NHS Greater Glasgow and Clyde for gross misconduct after nearly 20 years following a row with a colleague over the use of his cup at work.
A Glasgow hospital worker who threatened a colleague during a heated row over somebody using his cup was not unfairly sacked, a tribunal has ruled.
Despite protesting his innocence, Mr Mullen was sacked in 2021 for gross misconduct after almost 20 years of working for the health service. Last year an employment tribunal awarded the 44-year-old almost £9,000 after ruling he had been unfairly dismissed because the internal investigation into his behaviour was flawed.
Tribunal judge Lord Fairley said: "Having made clear findings in fact about the reason for the dismissal and the genuineness of the employer's belief in the existence of that reason, it was not then open to the Tribunal to base its conclusion about fairness on a factual hypothesis that the 'real reason' for the dismissal was something different.
"Having regard to the findings made by the Tribunal, the only conclusion to which it could properly have come was that the sanction of dismissal lay within the range of reasonable responses open to the appellant and that the dismissal was fair. I will therefore set aside the finding of unfair dismissal and the consequent basic and compensatory awards.
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