Dismissed manager not incompetent
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Jr written warnings. The first is in February 1980, and conrned a delay of three weeks in taming an MoT test date for a hicle. On hearing of the delay,
group managing director ariged for a test within 48 hours. The tribunal, however, said it d found there was difficulty in itaming a test date, and the rangements made by the maning director were a result of 3 being able to wield much eater influence.
warning took 1980 and concerned a complaint about the non-delivery of material to Expodite Ltd on March 11. The material was delivered on March 12 and the tribunal accepted Mr Collins' evidence that the date was arranged by him, without complaint from Expodite.
The third warning came in May 1980 and related to the nondelivery of material to W. Brocklebank and Co Ltd. However, in a letter to Mr Collins dated May 26, Brocklebank said it was being made a scapegoat for the final warning, as the complaint it had against Southern and Darwent related to the quality of timber and incorrect charging.
The final letter concerned an allegation about the incorrect loading of material for James Mann (New Hay) Limited, and this led to Mr Collins' dismissal. However, the tribunal had a letter from J. Gill, a loader employed by Southern and Dar went, saying he had loaded the vehicle, had made an error, and informed the company's then managing director of his mistake.
The tribunal ruled that the allegations made against Mr Collins did not constitute incompetence within the meaning of the word as alleged by the company. It also found that the company's efforts to get to the truth of the matter were totally inadequate.