Refused new job dismissed
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A MANCHESTER lorry driver who did not accept a new job when he was reinstated by North Western BRS has had his unfair dismissal claim thrown out: Manchester Industrial Tribunal were told that William Lonsdale had an accident at work in December 1977 in which he injured his elbow. He continued to have problems with that elbow and went off sick on February 14, 1979 after being told that an operation would be necessary. That operation was carried out in August 1979. Mr Lonsdale put in regular sick notes culminating in a sick note for a 4-week period which was delivered at the beginning of September. On October 8 the Deckinfield branch manager wrote to say that he could no longer keep Mr Lonsdale's job open.
As a result of that letter Mr Lonsdale consulted his Union and an appeal was arranged on his behalf. The result of that appeal was that he was to be reinstated. However, as there were no vacancies at Deckinfield he was to be employed in the drivers' pool until such time as there was a vacancy at Deckinfield. Consequently Mr Lonsdale was told to report to the Trafford Park depot. He refused despite being advised by his Union to comply with the instructions. As Mr Lonsdale did not turn up for the reinstated job the company assumed he had terminated his own employment.
The tribunal found as a fact that there had been no dismissal of Mr Lansdale by the company following his reinstatement either factually or constructively.