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Refusal is reason for dismissal
Page 19
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REFUSAL of a driver to take out a load when instructed is a valid reason for dismissal and even if he anticipated failing to meet a delivery deadline he should still take out the load when told.
That view was upheld by a majority decision of the Industrial Tribunal, Scotland, in Edinburgh when Norman Thomson of 76 MacBeth Moir Road Musselburgh appealed for unfair dismissal against William Dobson (Edinburgh) Limited.
A driver with the firm, he was advised the previous evening that he would be on a London load with a deadline of 2.30pm at London the following afternoon December 29th.
He worked on local short runs on the morning of De cember 28th and was asked to take out the London load at 4pm. He indicated that he could not get beyond Beattock that night if sticking to permitted hours and his firm indicated they would then arrange overnight lodgings in Beattock; but they thought heshould reach Carlisle.
The driver indicated that even if he went he would not make the December 29th London 2.30pm deadline and was dismissed when he refused to take out the load.
The Tribunal held that this was a valid reason for dismissal and that he should have gone whether or not the deadline was feasible. Dismissal was admitted by the firm and the claim for unfair dismissal was refused.