Morris' dismissal was unfair
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• A truck driver sacked by W W Chamberlain for going home during working hours has been awarded £4,554 compensation for unfair dismissal.
A Manchester industrial tribunal was told that Anthony Morris had worked for the company for 12 years before being sacked last November. He had a perfect record, apart from a written warning four years before for being absent from work for several hours.
The company maintained that Morris had been dismissed for refusing to take out a truck which was replacing his usual vehicle, the latter being off the road for repairs.
Morris said in evidence that he had previously complained about the back position on the vehicle concerned. On the day in question he had been ill with diarrhoea and was not in a fit state to drive. He had reported to the company's premises at 07:00hrs and he had explained his predicament to the company's night supervisor.
In its decision the tribunal said that where the evidence conflicted, it preferred the evidence of Morris. The northern transport manager, T E Hinkley, had not fully investigated the matter, or given Morris any opportunity of giving a proper explanation before dismissing him, said the tribunal. It felt that Hinckley, on hearing that Morris had gone home, had made up his mind to dismiss him, giving instructions straight away that the necessary paperwork be prepared.
Morris had phoned Hinckley the following day, advising him that he would be returning to work the next day. When he had arrived, at about 07:00hrs, the first thing he had seen was his vehicle, leaving on a journey. Hinckley had seen him at 08:00hrs and had told him that he had been dismissed.
It was the tribunal's view that and there had been no fault on Morris' part.