Unfair dismissal: Tribunal told of van door
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Alistair Anderson vJ W Filshill of Paisley • Although holding that a driver sacked by W Filshill Ltd, of Paisley, had technically been "unfairly dismissed", a Glasgow Industrial Tribunal has ruled that he is not entitled to any compensation because of his negligence.
Evidence was given that the driver concerned, Alistair Anderson, of Kilbrennan Road, Linwood, had been dismissed for failing to secure his van before seeking assistance to deal with a puncture, the result being that goods worth over £2,000 were stolen from it.
Before sacking Anderson, the company secretary, a Mr Harrison, had the van inspected and a mechanic reported that the sliding door, used in the theft, could not have been locked as it was undamaged and there was no sign of it having been forced.
In its decision, the Tribunal said that there had been no disciplinary hearing at any stage and the evidence of the mechanic had never been put to Anderson On those simple grounds, Anderson's claim that he had been unfairly dismissed must succeed.
However, in evidence before the Tribunal, Anderson had said nothing to rebut the evidence of the mechanic. It therefore followed that even if a proper procedure had been carried out, conforming with the Code of Practice and modern standards of industrial relations, Harrison would not have reached a different conclusion. Accordingly, it was appropriate to make no award of compensation.