Unreasonable behaviour
Page 23
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• A haulier who refused to give a
6 driver written
reasons for his dismissal, saying "well you don't get everything you want in this world, sunshine", has been ordered to pay the driver 2256 compensation.
Driver David Duffy had asked his employer, R Jordan, trading as RAJ Transport, for leave to visit his girlfriend in hospital on 22 November. Jordan said that he could go as soon as his lorry was loaded and parked up. Duffy had changed a wheel and others had been loading the lorry until about 19.001ffs, when Duffy left. He did not park the vehicle himself, but the work had been completed and a friend agreed to park it for him. Duffy started work at 05.45hrs on 23 November, but on his return to the depot the next day he was dismissed by Jordan, who said that he had not done as he was told as he had not parked the vehicle himself.
After being given advice, Duffy subsequently wrote to Jordan asking for the reasons for his dismissal to be supplied in writing within 14 days, Jordan did not reply.
The tribunal concluded that Jordan had unreasonably refused to supply written reasons and found Duffy's complaint to be well founded.
Duffy also claimed that a number of unlawful deductions had been made from his wages.
The tribunal said that there was no written contract, and Duffy had worked under a verbal contract. An employer was not entitled to deduct anything other than income tax and national insurance unless the employee had previously given permission in writing.
The tribunal rejected Duffy's claim in respect of 250, said to be an over-payment of expenses, saying that it had clearly been for the purchase of diesel fuel. However, it upheld his claims for 25.18, said to be for personal telephone calls, and 23.74, for the replacement of a missing oil filter.