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Rep's unfair dismissal
Page 20
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• Gary Rowland, general manager of ERF Manchester, has been held to be partly to blame for a 2 million order for trucks by Phillips Tankers (Bulk Powders) Manchester going sour, in a reserved decision by a Manchester industrial tribunal. Finding that Rowland had unfairly dismissed truck salesman Steven Cavanagh, the tribunal said it would have been in Rowland's interests to lay the blame on Cavanagh by dismissing him.
The tribunal said that between September 1988 and February 1989 Peter Phillips, a director of Phillips Tankers,
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placed orders for 33 vehicles worth 21 million. However, two vehicles delivered in September were never paid for. By November, Cavanagh was aware that those vehicles were being used illegally, in that they were untaxed and uninsured. A third vehicle was delivered in December, and that also was never paid for.
The tribunal said ERF Manchester had been run in a slipshod fashion. By 1 November, Rowland knew Phillips had not paid for the first two vehicles. The tribunal thought he should have taken a greater interest in Phillips's account.
On 2 February there was a meeting between Rowland and Cavanagh. Rowland had already made up his mind to dismiss Cavanagh who was dismissed without the chance to explain. In those circumstances, said the tribunal, no procedure had been followed and the dismissal was unfair.
Indicating that the hearing would be reconvened to consider a remedy, the tribunal said that it did not find Cavanagh totally blameless, and felt that any compensation should be reduced by 50%.