Myer fired after )utting his back out
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DRIVER who injured his back at work and became incapable performing work of the kind he was employed to do was not fairly dismissed.
Manchester Industrial ibunal turned down an plication for compensation Frederick Scott who had en employed by George obinson (Manchester) from ster 1973 to January 1979. Mr Scott had an oral conict for a 50-hour week with 0 take-home pay, but there ts no document complying th the Contracts of Employ?.nt Act 1972. No fault was found with Mr Scott's work or attendance. On October 20, 1978 he injured his back while loading his vehicle and the next day he fell and again injured his back when working on vehicle maintenance. He was in pain and off work from October 26 to December 5 and again went sick on December 6.
On January 8 Mr Scott saw a doctor at his own request. The report said he had acute lumbago and sciatica from a disc lesion and was also suffering from arterial thickening.
He was not fit for any form of heavy work in the future, including vehicle loading.
If it was possible for a light job to be found for him for the 14 months before he was due to retire, he should be able to carry on. However, should Mr Scott break down again, premature retirement would have to be considered.
After this report Mr Scott was told by the foreman that he could not be taken back in the light of what was said, as no light work was available, The Tribunal said the company did in fact dismiss Mr Scott by telling him to go to the Labour Exchange to see if they had any light work.
The reason for dismissal fell within Section 57 (2) (a) of the Employment Protection (Consolidation) Act 1978, relating to capability for performing work of the kind employed to do. The Tribunal was satisfied that the company had acted reasonably in the circumstances.