Driver refused to repair van
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A VAN driver who refused to repair his vehicle and who then claimed constructive dismissal was awarded £233 as compensation by the Industrial Tribunal, Scotland hearing, which ruled that he was entitled to believe that he had been dismissed.
In evidence it was shown that Samuel Hooper of Sauchenbush Road, Kirkcaldy, had been driving a van belonging to Robert Norcross of Oswald Road, Kircaldy who runs a small haulage business in the town, when an accelerator cable snapped. On return to the depot he reported the break and was told to fix it.
He contended that he was not a mechanic and refused, although he had carried out repairs previously. There was a dispute and from that dispute he assumed dismissal and claimed for unfair dismissal.
The Tribunal ruled that although he was wrong to act as he did, the words used by Mr Norcross were such, in their opinion, as to entitle Mr Hooper to take it that he had been dismissed.