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Employment tribunal rules Perth College was right to sack lecturer who advanced own commercial work

Employment tribunal rules Perth College was right to sack lecturer who advanced own commercial work

A Perth College lecturer was fairly sacked for his “systematic dishonesty” in carrying out his own commercial work while on college time and receiving college pay.

An employment tribunal in Dundee found it was not unreasonable for Daniel Olufisan, a senior figure in the Royal Aeronautical Society, to be dismissed for gross misconduct.

The tribunal heard that Mr Olufisan, from Perth, became a lecturer in aircraft engineering at the college, part of the University of the Highlands and Islands, after arriving in the UK from Nigeria.

He also set up his own company, Wing Engineering Ltd, which offered services in competition to the college’s activities and he had done so in breach of college rules.

This came to light after his departmental head, Andrew Rae, read an article in January this year in the journal of the Royal Aeronautical Society (RAS) which featured Mr Olufisan delivering a presentation.

The college had given Mr Olufisan time off to attend the RAS conference, at which he was representing the college, but he was described in the article as “Daniel Olufisan from Wing Engineering”.

Mr Olufisan was investigated for allegations that he was pursuing his own business in the college’s paid time and had set up a company in direct competition with the business of the college.

It was also alleged that he had used college materials and intellectual property rights for his own business.

At a disciplinary hearing he was told that, if the allegations were substantiated, they amounted to “dishonest, disloyal and fraudulent conduct towards the college” and constituted “gross misconduct and a fraudulent breach of trust and confidence”.

The investigation revealed that Mr Olufisan had sent out a mass email to his students, advertising a Wing Engineering course, and indicated that they might find it relevant if they did not intend to continue with their studies to honours level in fourth year.

The email was sent from his college address and did not advertise his link with Wing Engineering, inviting the students to contact the company directly.

The college had gone to great trouble to avoid giving commercial organisations student email addresses as it would breach data protection.

It was felt that Mr Olufisan was inviting students to study a Wing Engineering course rather than stay on at college.

Dr Thomas Moore, the college principal, concluded that, while Mr Olufisan could have been mistaken or acted in error in one of two of the issues, the number of issues and the way he had dealt with them led to the decision that he had acted dishonestly.

The tribunal, chaired by judge Ian McFatridge, noted that Mr Olufisan claimed that he had breached policies innocently and in good faith.

The investigation had been thorough, however, and the chairman ruled the college had reasonable grounds to dismiss the lecturer for his systematic dishonesty.

The website of the RAS lists Mr Olufisan as vice-chairman of its airworthiness and maintenance committee.