Day 006 - 05 Jul 94 - Page 64


     
     1
         MR. JUSTICE BELL:  Pink section.
     2
         MR. MORRIS:  It is 60, as far as I can see.
     3        A.  Yes, OK.
 
     4   Q.   If you look at the second page, is it true that at the
              bottom of the page it was found it was unfair dismissal of
     5        an employee, Mr. McCann, and that compensation was
              recommended at £600?
     6        A.  Well, can I read it?
 
     7   MR. JUSTICE BELL:  Read the whole of it.
              A.  I am not familiar with it at all.
     8
         MR. JUSTICE BELL:  Read 5 out.
     9        A.  "The company were not able to bring a key witness to
              the investigation, that is, the manager who dismissed him,
    10        so that the unions arguments were not refuted.  Therefore,
              I have to find that it was an unfair dismissal and
    11        I recommend compensation of £600" or punts I guess in
              Ireland.
    12
         MR. MORRIS:  If you look at number one 1, does it not
    13        read: "Mr. McCann was employed by the company from 7th
              January 1985 until 29th June 1985 when he was dismissed.
    14        He claimed that this because he had encouraged other
              employees to join the union"?
    15        A.  That is what it says he claims, yes.
 
    16   Q.   Over the page, we have another employee, Mr. Brian, who
              was represented by the Irish Transport & General Workers
    17        Union.  In fact, both these were at this hearing.  Does he
              in No. 1 say that he claims he was dismissed because he
    18        encouraged other employees to join a union?  Yes, in No.
              1?
    19        A.  He is alleging that he was encouraged, he is alleging
              he had encouraged other people to join the union, yes, he
    20        was dismissed because of that.
 
    21   Q.   That is why he was dismissed?
              A.  Yes, but No. 5 says something quite different this
    22        time.
 
    23   Q.   Read it out?
              A.  "His timekeeping record gave the company substantial
    24        grounds for dismissing but they were unable to refute the
              arguments on union activities for want of a key witness.
    25        For that reason, I have to find that the dismissal was
              unfair, but because of his own contribution to it, I am 
    26        recommending 250 punts in compensation". 
  
    27   Q.   Is that tribunal recognising he was sacked for encouraging
              other employees to join the union?
    28
         MR. JUSTICE BELL:  The fact is I am trying this case.  They
    29        made a finding in favour of the employee on an allegation
              to the effect you have just given, but with the
    30        reservations which are set out in paragraph 5 of each
              adjudication.

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