Dismissal 1 lob contracl
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AN ABERDEEN Industrial Tribunal decided that George Brebner, trading as Brebner Carriers, of Fraserburgh, had unfairly dismissed a driver/mechanic, despite accepting that he had breached his contract of employment.
The Tribunal heard that on 18 February, driver/mechanic D P Cheyne had carried out some repairs to a Mercedes lorry contrary to instructions and had caused damage which immobilised it. When the matter was raised with Cheyne by Brebner's son Brian the upshot was that Cheyne refused to do any further work as a mechanic, saying that he was a driver not a mechanic. That placed Brebner in considerable difficulty. It was a small business with a daily requirement for someone with mechanical skills. He solved the problem by transferring Cheyne to driving duties and within a week hiring a replacement driver/mechanic.
George Brebner was away abroad when these events occurred and Brian Brebner did not feel he had the authority tc dismiss. He intended reporting the matter to his father on his return, but he did not make that intention known to Cheyne, or warn him that his refusal to work as a mechanic might lead tc dismissal.
On George Brebner's return, Cheyne was interviewed. There was a dispute over whether he had been employed as a driver or as a driver-mechanic. The conversation ended with George Brebner telling Cheyne that he was laying him off. Cheyne was subsequently sent a letter ol dismissal.
The Tribunal concluded that Cheyne had been in breach ol his contract of employment by refusing to work as a mechanic He had clearly acquiesced tc