The Welsh National Opera (WNO) unfairly dismissed its former principal oboist, the Court of Appeal Judges ruled on Tuesday.
Murray "Sandy" Johnston, 63, was fired in 2008 after 34 years in WNO on the grounds that the sound of his instrument did not "blend" with the rest of the orchestra.
"To subject Mr Johnston to the handbook disciplinary procedure, minus the requirements of oral, written and final warnings, was procedurally unfair," commented Lord Justice Maurice Kay at the Court of Appeal hearing.
In 2010, an employment tribunal ruled he was fairly dismissed, but that has now been overturned by appeal judges. During the tribunal, Johnston had claimed that he has been unfairly bullied by former musical director Carlo Rizzi. The oboist had said his career with the orchestra began to decline following a personality clash with Rizzi, who had a "16-year vendetta" against him.
The case will now return to an employment tribunal to decide the amount of compensation payable by the WNO to Johnston.
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