Hours legal — tribunal
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A DRIVER who walked off the job has lost his claim against Monaghan Distribution Services Ltd. for compensation for alleged failures to supply him with a contract of employment and written reasons for his dismissal.
Edward Ritz had also asked a Glasgow industrial tribunal to make a determination that there had been no notice or pay in lieu of notice.
The tribunal said Ritz accepted that he was not within time to make a claim for unfair dismissal. It was clear that though written terms of employment had not been supplied by the company at the time, it had since remedied that defect. The tribunal was satisfied the company did not in fact dismiss Ritz. He had complained about allegedly being asked to work longer hours than the drivers' hours legislation permitted.
The company's evidence, which the tribunal accepted, was that it would not insist on Ritz doing anything that was illegal. Following a dispute on that point between the parties. Ritz walked off the job. There was no evidence at all that he had been dismissed. He did not resume his employment. It was clear that the contract of employment came to an end, but not at the hands of the company.
In those circumstances, as there was no dismissal, said the tribunal, the company could not have refused to supply written reasons, and no question arose as to notice or payment in lieu of notice.