Sacked driver nets E1,114 from Gath Drums
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• Gath Drums (Shipley) has been ordered to pay £1,174 compensation for unfair dismissal of lorry driver Kevin Porciecha after sacking him for failing to net trailers loaded with drums.
A Leeds Industrial Tribunal was told that Porciecha had been given a memorandum concerning the netting of the front of trailers on which he was carrying drums, as the company's insurers refused to insure them unless nets were used. In common with other drivers, however, Porciecha did not use the nets. He securely roped down the three rows of drums saying that that was all that was needed.
The Tribunal said that the Company also complained about a number of occasions when Porciecha returned to base with part loads. He was never disciplined, interviewed or asked for any explanation about those occasions. He was seen going out with utmetted trailers and again he was never disciplined. Clearly, by allowing Porciecha to go out with unnetted trailers, the Company was condoning what was going on.
Porciecha was given a letter of dismissal which only specified the failures to return with full loads. It did not mention what managing director, Edward Gath, regarded as the final straw, and the most important matter, the failure to net vehicles. That letter was handed to Porciecha without comment and he was given no opportunity to discuss the matter.
The Tribunal had no hesitation in saying that Porciecha was unfairly dismissed. The Company had acted totally unreasonably in dismissing an employee of seven years standing whom they said was a good worker and who had previously not been disciplined without consultation.