Community development worker Ophelia Clarke was supposed to attend sessions run by JMJ Group, a company set up by Jack Davies when he resigned as chief executive of a London New Deal agency after being found guilty of gross misconduct in 2006.

BNDfC used JMJ on recommendation of its own chief executive John Clark, even though he knew of Davies' past.

Mrs Clarke was sacked in March 2007 after taking leave when she was supposed to be on the two-day 'Thinking Smarter, Working Better' course.

The tribunal heard it was compulsory but the 44-year-old claimed she had "overlooked" the fact she had to attend.

Mr Clark approved leave for Mrs Clarke after she assured him she had no commitments - even though she had been informed of the course. The hearing was told Mr Clark wrote to her a day or two before the course instructing her to attend - but she didn't open the letter until after the course had taken place.

BNDfC dismissed her for "gross misconduct on the grounds of serious insubordination".

But tribunal chairman Martin Howard said: "There is no doubt there was misconduct on the part of the claimant but serious insubordination has not been established.

"The claimant opened the chief executive's letter after the training had taken place, while on leave. In such circumstances she would not be guilty of failing an obligatory order of the chief executive."

The tribunal found Mrs Clarke's dismissal was "by no means reasonable behaviour by a reasonable employer" and accepted her claim of unfair dismissal.

However, the panel found her behaviour had been a "contributory factor".

The tribunal accepted she would have been made redundant three months after her dismissal because the project she worked on was discontinued.

Mrs Clarke, who had not been in trouble during her previous four years with BNDfC, was awarded £3,359. She refused to comment after the case.

The tribunal dismissed claims BNDfC had subjected her to race, sex and disability discrimination.

BNDfC was criticised by Sheffield Council's auditor for paying more than £55,000 to send staff on courses by JMJ when the firm was not on its approved list of sub-contractors.

Mr Clark, has been asked to resign by council leader Coun Paul Scriven over the issue - and the hiring of Davies' former deputy, Bill Husband as BNDfC's interim deputy chief executive for six months, on the equivalent of £110,000 a year.

Husband was sacked from the London New Deal, South Kilburn, for gross misconduct.

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