'Gross misconduct verdict on driver

11th November 1977, Page 20

11th November 1977

Page 20

Page 20, 11th November 1977 — 'Gross misconduct verdict on driver

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A DRIVER cannot pick and choose the loads he is prepared to take out. To refuse to take out a load is a breach of the terms of his Contract of Employment.

Manchester Industrial fribunal said this when 'inding that Stephen Gar3ide, a driver dismissed by 3reenfield & Co Ltd, had committed "gross misconduct" in -efusing to take a load to Nrorthampton.

Mr Garside was required to ieliver goods locally, and to icotland, London and Northampton, working a fiveday week with voluntary overtime. Within a month of starting he began to come in for work late.

Despite being told vehicles must not be used for private purposes he breached this rule on three occasions; in one instance taking his loaded vehicle home, detaching the tractive unit for private use and leaving the trailer on rough ground.

Because of the weight of the load it took three of the company's employees three hours to reconnect the trailer; another time Mr Garside's vehicle broke down and he was told to wait for a fitter but instead went home leaving the vehicle unattended.

There had also been complaints that he had claimed living-out allowances when in fact returning home and that he had refused to take out some loads. Verbal warnings were given about his conduct and when he refused to take a load to Northampton on May 24, 1977, he was given a week's notice.

Mr Garside claimed he had been unfairly dismissed as he had not received two verbal and one written warning.

He refused to take out the load because it was his turn for a London trip. It was a matter of principal and not just money, he said.