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)river appeals against 'spying'

8th August 1975, Page 22
8th August 1975
Page 22
Page 22, 8th August 1975 — )river appeals against 'spying'
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Which of the following most accurately describes the problem?

CM reporter iE depot manager of a New;tie upon Tyne transport n found one of his lorries attended on waste ground, locked and loaded with food d confectionery ready for kivery. The driver, dis/ered in a nearby club, was Yorted and later suspended • three days without pay, the .wcastle Tribunal was told ,t week.

A month later the manager At the same driver going into RAOB club in Byker, while duty, with his vehicle rked outside. It was found A the driver had not taken statutory lunch break and d not completed his daily -_:ord sheet.

Mr David Burns, dismissed the firm, Stewart, Esplen d Greenhough Ltd, later that y, who was appealing ainst unfair dismissal, lost case on the grounds that had contravened regulations der the Transport Act 1968.

Mr John Reed, representing e firm, said it was an offence t to keep a record of trips .d permit someone to work 'er the stipulated 5i hours ithout •a meal break. If the m did not dismiss him they would be condoning an offence and be liable to charges themselves. "It is •the most unworthy and unmeritorious appeal I have ever come across. He admits the offence and the company must by law see these laws are not broken," he said.

Mr Burns said that this sort of thing happened every day, but it was just that some people were not found out. "Mr Maddison (the depot manager) knew that logs were not completed till later on but just shut his eyes to it."

Mr Harry Bernstone, TGWU transport officer, representing Mr Burns, said that the firm had no written disciplinary procedure. "I have complained to the firm about this spying, checking system that has been used. My members wanted to take industrial action, and I advised them not to do so, but told the management we would not take punishment if these methods are used again," he said.

"There was a deliberate attempt here to find Mr Burns guilty of some sort of misconduct. It's rather a coincidence that checks like this were not made on other drivers. These checks put undue stress on Mr Burns and I do not agree with these methods. The company deliberately set out to engineer this. They set out to keep a check on him and put him in a compromising position," said Mr Bernstone.


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