Sky employee, 44, who won unfair dismissal case loses offer to get his job back

A Sky employee who was fired after telling a colleague that if two young girls wearing short skirts were raped it would be “their own fault” lost his candidacy to get his job back.

Retail adviser Raja Minhas got his job back at an appeal hearing after being sacked for comments about the teenagers as they walked past his Sky stand at a shopping center in Blackburn, Lancashire.

A colleague denounced the 44-year-old man to the bosses, saying he told him: “Girls in general who wear skirts like that and then get raped, it’s their fault,” he said. -was declared at the hearing.

The alleged comments sparked a heated argument with coworker Mia Klemetti, who said she would “rethink” what she would wear when she worked with him again.

The court heard that employees were working in the mall to develop business for Sky products in June 2019.

Earlier this year a court judge ruled the dismissal was unfair and Mr Minhas, from Nelson, Lancashire, said he would seek to return to his old job.

But in recently published articles, he was told that this was “not a practical solution” and that he should instead receive monetary compensation.

Raja Minhas (pictured above), 44, had returned to his old job at an appeal hearing after he was fired for comments about the teenagers as they walked past his mall’s booth.

Mr. Minhas told investigators: “I saw two girls go by, the two girls were dressed inappropriately.

“You could see the outline of their bodies. I mentioned that if it was Pakistan people would search and it’s like an open invitation to be raped.

He later said he believed the conversation with Ms Klemetti was simply an exchange between two colleagues and that he “regretted” that he upset her.

A complaint was then filed with his bosses and Mr Minhas said in an interview that his comment was a “momentary error in judgment” that would not be repeated and which he regretted.

However, he reiterated that if the girls “dressed like this, the sick could take advantage”.

Ms Klemetti said in her interview that she believed that a woman should be able to wear whatever she wanted and that “no one should talk about rape under the pretext that it is someone’s fault because of what she wants. ‘he is wearing”.

She admitted that their discussion had become “heated” and confirmed that it had upset her.

However, she said the plaintiff was “not a bad guy” and was entitled to his opinion.

Mr Minhas was described as “contrite, sorry and remorseful” but was fired by Sky for serious misconduct and “violation of morality”.

Labor judge Mr Robinson said: “It is not possible to reinstate or have the plaintiff rehired by the defendant, his appeal must be monetary compensation.”

He added that any compensation must be “increased” by 25% due to breaches of the ACAS code, but reduced by 33% due to the plaintiff’s “contributory” fault.

The court heard that employees were working at the mall to develop business for Sky products in June 2019 (file photo)

The court heard that employees were working at the mall to develop business for Sky products in June 2019 (file photo)

Sky and Mr. Minhas have both been invited to raise any issues relating to the award of a week’s salary.

Speaking after the initial verdict, Mr Minhas said: “At the moment I don’t want to say much. But I’m happy with what the court has done to rule in my favor.

“The main thing was to show that Sky had exaggerated it, which was disappointing. It was something that was not pleasant and I’m glad that was fixed.

He said he hoped to get his old job back, but declined to comment after the latest decision.

Returning his original verdict, Mr Robinson said: “The plaintiff made a foolish remark in the context of a discussion with Ms Klemetti about people’s dress in general.

“The Applicant had strong opinions on the matter and he expressed them forcefully to his co-worker and she vehemently opposed them. The conversation lasted ten to fifteen minutes and became heated.

“He came to regret it when he realized the matter was being taken seriously. Until then, he thought he was having an informal conversation, which didn’t go any further.

The judge said the dismissal was unfair because the two colleagues were talking to each other and not to a member of the public or another Sky employee.

He said Ms Klemetti herself hadn’t complained and, when testifying in court, she didn’t think it would go that far.

But he added: “The plaintiff was guilty of a fault because Ms Klemetti felt that she would not dress a certain way in front of the plaintiff.

“It was a heated argument between two people who had two different views on how people should dress in public.

“The incident did not necessitate the dismissal of the plaintiff and such sanction in all the circumstances of this case is outside the range of reasonable answers.

“Mr. Minhas has never tolerated rape. He had an idea of ​​how a certain type of clothing could affect the behavior of certain men.

“Respondent witnesses spoke a lot about the possibility of the Sky mark being damaged. It was an unlikely result.

“The discussion between the plaintiff and Ms. Klemetti was private.”

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