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Johnston wins claim
Page 24
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• Sacked Thennalite driver Stephen Johnston, who agreed on union advice to accept £750 in settlement, won his claim for unfair dismissal before a Manchester industrial tribunal last week.
Johnston's claim had come before the tribunal in August, when the parties had stated they could settle. But he had not withdrawn his claim and the tribunal ruled that he was entitled to continue with it, even though he had signed a letter accepting £750.
It was said that Johnston had been dismissed after a woman complained that his vehicle had obstructed her car.
The tribunal felt that Therrnalite had exaggerated the importance of the incident and that the company's manager, a Mr Hamilton, had made
Are
up his mind to sack Johnston before the disciplinary hearing had taken place.
It also felt that Hamilton had been unreasonable in refusing to examine the tachograph chart to resolve a conflict over how long the incident had lasted, and it did not agree that the time factor was irrelevant.
In the tribunal's view, there had been no proper investiga tion. A reasonable employer would have investigated the matter in more detail, considering carefully the tachograph evidence. No consideration had been given to Johnston's 15 years' service or of any alternative action.
The tribunal adjourned the proceedings to enable the parties to agree the amount of compensation paid.