Instant dismissal found to be fair
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• An industrial tribunal has rejected claims of wrongful dismissal and breach of contract brought against Northern Irish haulier Dukes Transport (Craigavon) by the company's former Huddersfield depot manager.
The Leeds tribunal heard that Anthony Barker was employed as general manager at Huddersfield from 6 December until his instant dismissal on the grounds of gross misconduct on 16 March.
Barker claimed the company was in breach of contract because he was entitled to three months' notice under his contract of employment Jonathan Lawton, For Dukes, argued that the company was entitled to repudiate the contract because of Barker's gross misconduct.
Personnel director Graham White said he visited the depot in March and discovered a number of unsatisfactory matters. Barker failed in a number of areas, such as trailer averages, vehicle maintenance and deliveries. He had done nothing about some clock card abuses. An unqualified driver had been employed and this had only come to light when he had an accident.
Barker had been sent memos —which he was refusing to answer or did not answer—about tacho irregularities and weekly warehouse checking. White told the directors and the decision was taken to dismiss Barker.
The tribunal said there were two matters about which it was particularly concerned: the clock cards and the employment of the unlicensed driver.
Barker said he accepted the cards had not been properly clocked in and out and he had countersigned them without taking any disciplinary action.
He said he had been too busy to carry out checks and had authorised payment because the supervisor had said they were bona fide. He had not taken on the unqualified driver himself The tribunal said that on one clock card Barker had authorised 90 hours' work to a warehouseman, 30 hours of which was paid at time and a half, and that card had not been clocked in or out A driver without an WV licence is the responsibility of the general/ depot manager, it said, because he must ensure that drivers are properly qualified.
The clock cards and the unlicensed driver were serious matters that amounted to gross misconduct, said the tribunal.
The other matters would not have been sufficiently serious to warrant dismissing a manager of only three months service, as it took time to take up the reins.
However, he had to be held responsible for the clock cards. He must be responsible for seeing that drivers were qualified, and the company was entitled to think that even if he had not interviewed the driver, he should have checked to see that he had a proper licence and insurance cover.
That gross misconduct entitled the company to dismiss Barker without notice, said the tribunal.