Latest blog entries from Employment Law Dundee
Blog posts tagged in Unfair Dismissal
Former employees at a Dundee construction company have been awarded a collective sum after it was deemed that they were not given adequate warning about the fate of the company, which led to redundancies.
Workers at the construction firm Muirfield Contracts were given £220,000 after it was decided in an employment tribunal that they were unfairly dismissed. The company had faced legal action because labourers, skilled tradesman and site managers were not consulted about the construction company going into administration last year.
Following the legal action from the union UCATT, workers were awarded eight weeks worth of compensation, amounting to just under £220,000.
The union’s representative for Tayside had claimed that the workers were not filled in on the dire situation the company was in and expressed his happiness about the outcome of the case. 131 union members will receive compensation through a protective award, based on their weekly salary, paid by the Redundancy Payments Service.
Postal workers in Fife have taken industrial action for the second time over what they deem to be the unfair dismissal of a colleague after he was sacked over allegations of theft.
David Mitchell, who worked as a postman for 27 years before he was dismissed was accused of stealing mail resulting in his dismissal for gross misconduct.
However, he has since taken Royal Mail to an employment tribunal winning £57,000 in compensation due to loss of earnings. The employment tribunal Judge Ian McFatridge also ordered the postal service to reinstate Mr Mitchell, twice, as he said there were no reasonable grounds for the belief he had stolen mail, but they have failed to do so.
As a result of this failure to reinstate Mr Mitchell, colleagues went on a 24 hour strike for the second time with some union representatives warning that the action could soon affect all of Scotland.
Speaking of the incident, local MP Stephen Gethins. Speaking on the incident Mr Gethins said: "This is question of fairness. There's now been two court rulings in Mr Mitchell's favour and Royal Mail need to respect that."
Mr Mitchell is also being backed the Communications Workers Union (CWU) which says Royal Mail failed to properly investigate the theft allegations. Items of mail were reported missing from his round but his postal vehicle, his own car, his home and clothing were searched by investigators with no trace of the items found. Despite the lack of evidence, he was still dismissed for theft leading to an employment tribunal.
CWU assistant secretary Ray Ellis said: "It was an extremely serious allegation, accusing him of theft with no evidence whatsoever.
"As well as the court, the Scottish prosecution service also ruled that there was insufficient evidence to back up the charge."
A spokeswoman for Royal Mail said: "Royal Mail is disappointed that the Communications Workers Union has again taken strike action at Cupar Delivery Office today.
"We are out delivering mail to nearly all our customer in Cupar today and the enquiry office remains open for customers to pick up mail.
"Royal Mail continues to work with our trade union and people locally to resolve this issue and we apologise to our customers for any inconvenience caused."
The former Chelsea doctor, Eva Carneiro, who was dismissed after a bust up with then-manager Jose Mourinho, has failed to reach a settlement agreement with the club resulting in a private employment tribunal hearing beginning this week.
Due to both parties being unable to reach a settlement, it is expected that the case will end up in an employment tribunal and could result in lengthy court action.
Carneiro’s has launched a constructive dismissal and sex discrimination claim after she was frozen out of her job with the club. The club doctor had fallen out with the then manager of the club after she ran onto the pitch to treat a player in the dying minutes of a game, against the manager’s wishes. The doctor was banned from first team matches and attending the ground on certain days, ultimately leading her to quit her role at the club.
She then took legal action citing unfair dismissal after she has asked to be reinstated in her role as the first-team doctor. Carneiro claimed for damages for sex discrimination from Jose Mourinho, as well as personal injury compensation and aggravated damages from the club. It is believed that the number of cases launched by Carneiro made it difficult for any settlement agreement to be met.
A new study has revealed that workers are more likely to be productive when in a happy and relaxed in the workplace.
The study, which was reported in The Guardian analysed the relationship between productivity and happiness and found that if workplace morale was high, productivity could increase by 12%.
A pair of employees have won their unfair dismissal case after they were awarded around £25,000 after being dismissed by BEAR.
The company used covert surveillance to monitor staff and then used said video to dismiss two employees, Sean Toshney from Dundee, and colleague Neil Fotheringham from Arbroath. BEAR cited gross misconduct after alleging they were guilty of poor timekeeping and falsifying records. However, the pair has now been awarded compensation following an employment tribunal.
A prison guard has won his unfair dismissal case after he was sacked for allegedly grabbing the neck of an inmate who was acting aggressively and demanding second dinner helpings.
Ross Callachan has been awarded just under £7,000 and been reinstated as a prison officer following the claim from HMP Glenochil in Clackmannanshire that he became aggressive towards prisoners during food service.
Mr Callachan, who had served for nine years as a prison guard, told the court that he became concerned when an inmate began acting aggressively towards himself and other prisoners. When he became worried that he might be physically assaulted, he took direct action and removed the prisoner from the area.
The Scottish Prison Service (SPS) claimed Mr Callachan used excessive force and was therefore dismissed, however, employment judge Mary Kearns found in favour of the Mr Callachan and ordered his re-engagement as a prison officer at HMP Perth as well as awarding him £6,989.