smissal justified,

10th November 1979, Page 19

10th November 1979

Page 19

Page 19, 10th November 1979 — smissal justified,

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ulli method f 0 LTHOUGH David Bratt and Sons (Haulage) Ltd of Cheadle mime had shown they had a justifiable reason for sacking one r their drivers, the company's method of doing so had made the ismissal unfair.

This was the Manchester .d trial Tribunal's decision he they awarded the driver tn med. Arthur Smith, £322 )m ensation for unfair disis I. They reduced the cornm ation by 50 per cent as ie felt that Mr Smith had m ributed to his own dish al by failing to give an '1 uate reason for refusing rk overtime.

11 e Tribunal were told that Er mith had been employed y e company since August )7 , and that he was disiis ed on March 23, 1979.

ng 1978 he was off work )1. ome 20 weeks following a ea attack, and on his return ompany gave him a tipper ) drive instead of a flat in rd r that he would not have 3 do any lifting.

On Friday March 23, Mr mi h was told by the wages letik that he would be req uired to do some tipping work on the Saturday morning, but Mr Smith said he did not intend to work on that Saturday.

Mr Bratt claimed that Mr Smith had said that he did not want to earn more than £35 per week since he would have to pay more money to his wife in maintenance.

The Tribunal said that the company had shown it had a justifiable reason for dismissal in that Mr Smith had refused to work overtime when given a lawful order to do so and had failed to give an adequate reason for that refusal.

However, the dismissal itself was given over the telephone, and there had never been any previous warning, either oral or written, to Mr Smith that if he failed to work the required overtime which was part of his contract of employment he would be dismissed. Furthermore, the Tribunal felt that as Mr Bratt was dealing with an employee with over four years service he should have arranged a meeting with Mr Smith on the Saturday morning to have a full discussion with him about the matter before dismissing him a summary manner.