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Scottish coal fraud men fairly dismissed
Page 22
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WHERE a delivery team is banned from a loading point controlled by another body the team's job security cannot be assured and dismissal could become justified.
That was the decision of an Ediburgh Industrial Tribunal on a situation at the National Coal Board's Monktonhall Colliery, Dalkeith, where Monktonhall Coal Delivery Service is engaged on delivery of miners' concessionary coal. resident not entitled to receive the coal, the NCB was satisfied that the delivery was by a lorry operated by the service.
This is a union-operated service consisting of a chairman, secretary, and a manager who handles the day-to-day work by requiring another member to approve dismissal. The Board indicated that the service should dismiss the employees or they would take the matter to the police, but the manager said that he could not dismiss the team.
If the Board had a strong case they should take it to the police.
NCB then barred the three men involved, a driver and two porters from the coal depot and so effectively stopped their work.
The three men were suspended, the police called and the men were then dismissed. A claim for wrongful dismissal was brought by one of the three, Ronald Handren, of Edinburgh, against the service who opposed the claim.
The service took the view that the NCB was in effective control of the depot and had banned the three employees. The tribunal agreed that the banning from the depot did appear to be a substantial reason for dismissal.
Their presence on NCB property was subject to NCB control. Given such a ban, the applicant could not perform effectively the duties for which he had been employed.
The banning was in itself a sufficient reason for dismissal of the employees. The claim was dismissed.