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Sacked fairly
Page 20
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SPILLERS FOOD Ltd was not acting unreasonably in de ciding to sack a driver who had blown three engines up within a short period of time, despite his acknowledged competence.
This was ruled by a Birmingham Industrial Tribunal when it rejected a claim for compensation for unfair dismissal by driver N. T. Smith.
Mr Smith had been employed by the company for eight years and had a very good record until the end of last year when his vehicle's engine over heated, seized, and was damaged extensively. Investigations showed this was due to a lack of oil and water.
The Tribunal agreed that was a dismissable offence as drivers were absolutely responsible for carrying out such checks. In fact, Mr Smith was given a written warning and suspended without pay for 14 days.
By January, Mr Smith's negligence had led to three en gines being damaged through the same cause in a short period of time. Mr Smith was dismissed after a disciplinary interview.
For Mr Smith, it was said that something obviously extraor dinary had caused him to become a very bad employee within a very short time and to an almost unbelievable extent.
He had a troubled home life, but the Tribunal said no blame could be attached to the com pany. He had been given every opportunity to say what he liked, and no mitigating circum stances were put before management. He exercised his right of appeal and again no special pleas were put forward.
It was understandable that Mr Smith would not have his mind on his job, but that could hot be passed off on to the company.