Tanker driver had coronary
Page 19
If you've noticed an error in this article please click here to report it so we can fix it.
A LORRY DRIVER who, after suffering a coronary thrombosis, was dismissed by Gilbraid: Tankers Ltd, Accrington, Lanes, although passed fit by his own doctor, failed in a claim for compensation. Mr Alexander C. Dickman, of Lytham St Anne's, claimed unfair dismissal before a Manchester Industrial Tribunal last week.
Gilbraith's managing direc tor, Mr K. Birchall, said that when Dickman returned to work after his illness he saw the company doctor as normal policy. The doctor concluded that as Dickman had been driving a 32-ton-gross tanker it would not be safe to allow him to continue to do so. The position was confirmed by both the company's insurers and the DoE. As there was no alternative light work to offer it was not possible to continue Dickman's employment although the company had every sympathy with him.
Mr H. Halliwell, of the TGWU, representing Dickman, said his own doctor had certified he was fit to return to work and he held an hgv driving licence. There was a contract of employment with Gilbraith Tankers and it was unreasonable to refuse to continue, the employment. The Tribunal should order reinstatement.
Mr J. S. Lawton, for Gilbraith, submitted that because of Dickman's illness the contract was frustrated. Alternatively the dismissal was fair; it was a difficult case because the company had found the complainant to be a good and conscientious employee, but in the circumstances he became unemployable.
The Tribunal chairman, Mr I Royle, said they had concluded the contract was not frustrated and there had been a dismissal. It was, however, their unanimous view that Gilbraith Tankers acted reasonably and the claim must be dismissed.