Compensation for overtime sacking
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IN A driver sacked by South Wales haulier John Benyon Evans & Son, after he changed his mind about working overtime, has been awarded 0,402 compensation for unfair dismissal, by a Cardiff industrial tribunal.
The tribunal was told that the driver, A W Aston, had to work overtime under his contract of employment.
According to the company,
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Aston was first asked to work overtime on the morning of Friday 16 December last year.
Aston had already worked his 60-hour contracted week plus seven hours overtime. According to the company, he was told at 11:30hrs that he would be required to take a load to Huddersfield for delivery the following day, and that when Aston refused at 18:30hrs he was changing his mind, when it was difficult to find another driver. Aston said that the Friday night was his last opportunity of seeing his mother-in-law before the New Year. If he went to Huddersfield he would have to get up at 03:30hrs. He never had the chance to explain this, and was merely sacked.
The tribunal was satisfied that if the company had acted in a reasonable way, Aston would not have been dismissed. However, it was also satisfied that Aston had contributed to his own dismissal.