Driver lied: tribunal
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k LIVERPOOL industrial tribunal has ruled that a Birkenhead haulier icted fairly when a driver was dismissed for refusing to take out a orry he claimed was dangerous. It dismissed a claim for unfair lismissal brought against Norco Transport Ltd by the driver, Henry cook of Enerby Close, Birkenhead.
Mr Cook told the tribunal that t the time of his dismissal his ;sue' vehicle was off the road ,nd he was instructed to drive inother vehicle to Harlesden in .ondon.
The replacement vehicle, he laimed, was unfit for a 200-mile Durney and had many defects. he driver's door constantly wung open, fumes filled the ab, and there was excessive Thration it was said.
Norco's managing director, larry Alcock, denied that the Thicle was unfit. It passed its AoT test only two months later, le said and states that the eason Mr Cook had refused to drive the second vehicle was because it did not have a sleeper cab.
Mr Alcock said Mr Cook had given the opportunity to change his mind but when he still refused to drive the vehicle he was dismissed. Another driver had driven the vehicle to London and returned safely.
Tribunal chairman A. M. Coventry, said that under the terms of his employment, Mr Cook was subject to instant dismissal for failing to comply with a reasonable instruction from someone authorised to give it. In the tribunal's opinion the second vehicle was "uncomfortable" rather than "dangerous."
"If it had been dangerous, Mr Cook would have been well within his rights to refuse to take it out, but in our view the vehicle was not in a dangerous or unroadworthy condition," said Mr Coventry.
The tribunal was satisfied that the company acted reasonably in dismissing Mr Cook.