'Homesick' driver's dismissal ruled four
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N EDINBURGH lorry driver who refused to take a load to evon because of problems with his lorry has had his unfair and Dnstructive dismissal claim rejected by an Industrial Tribunal.
Hunt Brothers Transport E.'dinburgh) Ltd, a 24-hour exress delivery company, told le Tribunal that Andrew Iurphy worked with the Dmpany for over a year, and 'rat he had always been a atisfactory employee.
But he expressed some .?.luctance to take a load from Uniroyal factory to Criton in levon, saying he wanted to be ack in Edinburgh within two ays.
Although he collected the oods, there was some conision over his exit pass from le Uniroyal premises. He also ?.alised that his vehicle was lowing blue smoke.
When Mr Murphy ;lephoned the office that fternoon, he told Hunt Tothers transport manager ir Robertson that it Was ridiculous" to send him at :rat time, and added that he ould "wrap them up", leaning have his final wages repared.
Mr Murphy then returned rith his lorry and both Mr :obertson and a director, Mr Hunt, understood that Murphy had terminated his own employment and neither made any effort to dissuade him.
The Tribunal understood the applicant to be claiming that he had intimated his own resignation while "hot under the collar" and that his employers should not have accepted it, or should at least have attempted to get him to, change his mind.
Murphy claimed that he was expected to carry out a journey that would have been impossible to complete within legal limits if he was to be back home by Saturday. According to his own version of events it was never said to him that he had to carry out the delivery or be dismissed.
Refusing the application, Tribunal chairman Ian Thomson said the onus of showing that he was constructively dismissed was upon Murphy. himself. The applicant must show that Hunts were in significant breach of an ex-press or implied term of his contract of employment.