Day 182 - 02 Nov 95 - Page 61
1 MR. JUSTICE BELL: What I suggest, some of it is not clearly
2 written and I have written in on mine what I understand it
3 is. So, unless you have any objection, I will read it
4 myself.
5
6 MR. MORRIS: Yes, that is fine.
7
8 MR. JUSTICE BELL: It says that it is the statement of
9 Anthony Brian, made on 6th August 1985. It is sent from an
10 address in Dublin 14. He gives as union: Irish Transport
11 and General Workers Union. He gives as employer:
12 McDonald's (hamburger restaurant) Nutgrove Shopping Centre,
13 and the name of the avenue I cannot read and do not
14 remember. Again, that is in Dublin 14.
15
16 MR. MORRIS: It looks like Nutgrove Avenue.
17
18 MR. JUSTICE BELL: Maybe it is Nutgrove Avenue again, yes. Date
19 employment began: 7th January 1985. Date of dismissal --
20 it is either the 10th or the 19th -- 19th June 1985. Pay
21 including benefits and regular overtime per week: £60
22 approx.
23
24 "The grounds of my claim. I feel I was treated unfairly re
25 my dismissal. I had been ill the day I was sacked. The
26 manager called me into the office. He told me I was being
27 sacked for being late. He never gave me a verbal or
28 written warning or any notice. This was used as a pretext
29 to remove me because of my trade union activity."
30
31 That is signed by Anthony Brian, dated 16th October
32 1985. "Additional information required: Have you made an
33 appeal to the Employments Appeal Tribunal under (1)
34 Redundancy Payments Act? No. (2) Minimum notice and
35 terms of Employment Act 1973? No. (3) Maternity
36 Protection of Employees Act 1981" -- to which Mr. Brian
37 unsurprisingly replied "no".
38
39 MR. RAMPTON: I do not know whether my copy is better than
40 yours, but I believe there were two misreadings in that,
41 one of which may be important. He says, we think,
42 something "I was treated unfairly re my dismissal. I had
43 been late" -- not ill -- we think it says.
44
45 MR. JUSTICE BELL: "Late"?
46
47 MR. RAMPTON: "Late" -- if we are right. I have not got the
48 original.
49
50 MR. MORRIS: It looks more accurate than "ill".
51
52 MR. JUSTICE BELL: I will put that ------
53
54 MS. STEEL: Below that, there is a bit written in that looks
55 like "and sick", on two lines below.
56
57 MR. RAMPTON: I agree with that, too, if I may say so; something
58 "sick" anyway, certainly.
59
60 MR. MORRIS: In the sentence starting "I was being sacked for
