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Driver wins unfair dismissal claim

10th October 1991
Page 24
Page 24, 10th October 1991 — Driver wins unfair dismissal claim
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Which of the following most accurately describes the problem?

• GHunter Transport has been ordered to pay more than £8,000 compensation to a lorry driver it sacked after he took time off to attend his father's funeral.

A Birmingham industrial tribunal heard that Francis Bernard had to go to Jamaica to arrange his father's funeral and settle his affairs. He got permission to have at least two weeks off without pay, but when he returned after about four weeks he was dismissed.

The company, who did not attend, said in writing it had to replace Bernard after three weeks because his lorry had to be paid for and operated in his absence. Bernard said that his lorry was not fully employed before he left and that cast doubts on the firm's argument.

The tribunal concluded that no enquires had been made by the company about Bernard's late return and he was not given the opportunity to explain.

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