Driver's tribunal success
Page 21
If you've noticed an error in this article please click here to report it so we can fix it.
LORRY driver Thomas Ellis of Kirkcaldy, Fife, succeeded in his claim for redundancy payment against his employer, R. S. Kennedy of Watford, at a sitting of the industrial tribunal in Edinburgh recently. For nine years Mr Ellis wa! employed on a contract basec at Kirkcaldy, and on expiry a that contract he was offerec work on a Dundee site. Insteac he took employment with thi firm which succeeded Messr Kennedy on the Kirkcald3 site.
In contesting the claim the company said that Mr Ellis had been offered alternative employment, that a company vehicle would have been made available, that they had offered a wages increase, and that travelling time to Dundee would have been paid. The company claimed that Ellis was a "mobile operator" and that his contract allowed transfer to Dundee.
But the tribunal held that there was no evidence to show that the applicant could be transferred anywhere else. They took the view that dismissal followed the end of the firm's contract by reason of redundancy. The applicant denied that he had been offered more money to go to Dundee. The Tribunal could not accept that a satisfactory offer of suitable alternative employment had been made, and they assessed redundancy liability at eight weeks' pay.