One major aspect of the reasons for dismissal, which involved a finding that the applicant performed the "chicken dance" as an intentional act to intimidate, harass or otherwise harm another employee, was simply fanciful and did not represent a valid reason for dismissal. —Commissioner Ian Cambridge

Cambridge ruled that the applicant, described as an "alpha male" with a "somewhat disagreeable demeanour" and a history of insulting other employees, should have been given a "final warning" rather than being terminated on the apparent pretext of intimidation by chicken dance.

"Even unpleasant people are entitled to justice," he wrote.