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Driver refused work
Page 21
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DRIVER David Sinclair of Kirkcaldy claimed unfair dismissal against Andrew Wishart and Sons Ltd of Kirkcaldy when the firm refused to pay driver's rates unless he did long distance work but the claim was dismissed at Edinburgh last week.
The firm were long distance operators with very limited short distance work and employed a forklift man who did local deliveries. Mr Sinclair was a long distance hgv driver until October 1978 when the firm lost its forklift man. Mr Sinclair was offered the job with occasional local delivery work and at a lower rate than for hgv long distance work.
He agreed to these conditions until February 1979, when he claimed full driver's pay. On March 2 he was advised that he would be paid if he took a long distance job and did not disagree. A new fork lift/short distance delivery man was appointed and Sinclair asked to report 'with his suitcase' on March 5.
Be fair He reported but refused a London journey. He said he would not do the trip and would never do long distance work but wanted long distance pay.
The Tribunal ruled that he was dismissed for a valid reason. His conduct amounted to a deliberate disobedience of a lawful order which he well knew he was bound to carry out in terms of the contract agreed on 1st March 1979.
This was not a case where a driver refused to carry out a job for reasons which he maintained were good but a case where he refused without reason.