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

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