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river sacked for o adequate reason
Page 21
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CHESTER Industrial Tribunal has ordered the reinstEnt of a lorry driver they adjudged to have been unfairly They also ordered food holesalers Thomas Currie Manchester) Ltd to pay the river concerned, Barry KennedY, £273 compensation for losses sustained from the date of his dismissal to the date of his iteinstatement. • e Tribunal were told that Mr Kennedy did not report for work on Friday June 22 and another driver who normally 1 picks him up from home reported to John Taylor, a director, that Mr Kennedy had bronchitis. The previous day, the Thursday, Mr Kennedy had been paid three weeks' wages as he was due to commence two weeks holiday after work on the Friday.
The Tribunal said that the company took no steps to inquire directly of Mr Kennedy or his medical adviser what the problem was. Instead the company wrote a letter saying that owing to his failure to report for work it had no alternative but to terminate his employment.
Mr Kennedy frankly admitted he had been off work due to sickness on two or three occasions, but said that he had always produced medical reports. He was given no previous oral or written warning that if he was again absent for whatever cause he was likely to be dismissed.
The Tribunal felt the company had completely failed to show any adequate reason for Mr Kennedy's dismissal.
When Mr Kennedy requested reinstatement Mr Taylor objected, saying his codirector, his brother, would be strongly opposed to such a course.
The Tribunal were unanimous in the opinion that it was practicable for the company to comply with an order for reinstatement and they were fully satisfied that Mr Kennedy had not caused or contributed to any extent to his dismissal.