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1. Where the act or default on which the dismissal is based - namely the failure of the legal exec to place documents on file - is not that of you, then this does not constitute grounds for gross misconduct. You merely failed to properly supervise a more junior colleague, which is not gross misconduct. In fact, it is not misconduct but carelessness. Accordingly, I would advise you to challenge any dismissal on the grounds of gross misconduct, as the act or default on which it is based is not yours, but someone elses and your failure is minor. I appreciate that as the practising solicitor you carry the can for the incorrect correspondence. But this was corrected at the earliest opportunity once it came to light. Accordingly, if you are dismissed on this basis, I would advise you to take proceedings for unfair dismissal as you have excellent chances of success.
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