SENDING a dead mouse in the internal post to a colleague would be a malicious act of misconduct, an industrial tribunal has heard.

The tribunal into a claim of unfair dismissal by Amanda Fisher, a former employee of the Kent Messenger Group, heard her colleagues had discussed who could have sent the mouse to her in the internal mail, but dismissed the idea that she might have sent it to herself.

Ms Fisher, a writer and sub-editor at the company’s headquarters in Larkfield, neer Maidstone, received the freshly-killed mouse in the internal mail in March 2003.

She claims that she was dismissed in June 2004 as a result of ‘whistleblowing’ because she had raised concerns about a professional programme and health and safety issues.

In its second day, the tribunal heard Kim Nicol, the director of ELA (Employment Advantage), who was called in in October 2003 to carry out an impartial investigation into her claims of bullying and harassment, agree that, were a colleague to have sent the mouse, it would have been misconduct.

Under cross examination, she said: “Somebody I presume sent it out. Malicious conduct such as that, I would regard as bullying, yes. For a colleague to send a dead mouse out, I would regard that as bullying. Certainly, it is misconduct.”

The court heard there had been disagreement over who Ms Fisher should report to, with Ms Fisher believing she should report to Andy Rayfield, as her line manager, but news editor Deborah Penn, and Mr Rayfield himself, believing she should communicate her day to day movements and workload to Ms Penn.

An allegation had also been made that she had been moonlighting on Kent On Sunday, which Mr Rayfield had asked her about and she had denied.

Miss Nicol said: “If it was made up, if it was a false allegation intended to get her into trouble, then yes it would have been setting her up.”

Ms Fisher, who removed herself from the workplace in July 2003 suffering from stress, had complained of feeling isolated during her time off work and had appeared upset - but not defensive - at her meeting with Miss Nicol on December 10.

Miss Nicol had made recommendations to ensure she could get back to work, which had been agreed by personnel manager Amanda Watts, and both Debbie Eales, who was Ms Fisher’s line manager in Mr Rayfield’s absence, and Deborah Penn, had both said they would be prepared to work with Ms Fisher going forward.

Ms Fisher, of Selling, near Faversham, who joined the company as a trainee sub editor in August 2000, alleges that she was the victim of a prolonged campaign of bullying and harassment at the hands of management and senior colleagues.

She is seeking reinstatement. The Kent Messenger Group Ltd denies all her claims.

The case, being held in Ashford, is expected to last a further 15 days.