At the Tribunal | |
Before
THE HONOURABLE LADY SMITH
MR P PAGLIARI
MR R P THOMSON
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellant | Mr K Kristapaitis (The Appellant in Person) |
For the Respondent | Mr S Robertson Solicitor Messrs Paull & Williamsons Solicitors Union Plaza 1 Union Wynd Aberdeen AB10 1DQ |
SUMMARY
Claimant was a Lithuanian, employed in a fish processing business and dismissed because his hands were heavily contaminated with e-coli bacteria causing his employers to infer that despite factory rules and a prior warning, he had not washed his hands properly after having been to the toilet. Dismissal automatically unfair due to failure to follow the statutory dismissal procedure but no monetary award made because of the extent to which the claimant had contributed to his own dismissal. Appeal on grounds of inadequate interpretation at hearing and contradiction in the tribunal's judgment dismissed.
THE HONOURABLE LADY SMITH
INTRODUCTION
"In such circumstances in our view it was not just and equitable for even a basic award to be made in favour of the claimant. The final outcome therefore is that whereas the dismissal has been found to be unfair (for the "technical" reasons given above), there will be no monetary award."
Interpretation
"I K Kristapaitis confirm that I will need Russian interpreter."
BACKGROUND
"It has been brought to my attention that there are members of staff who are still not washing their hands when they have been to the toilet and also when they are entering the factory. This practice is totally unacceptable.
We have over the past few weeks increased our frequency of swabbing individuals' hands and gloves, and have found in certain cases individuals with Ecoli bacteria on their hands or gloves. This is totally unacceptable. I want to make it quite clear to all members of staff that if they are found to have Ecoli on their hands or gloves, or are seen to leave the toilets or entering the factory without washing their hands, then this will lead to instant dismissal.
I do not take this action lightly but every member of staff has to understand that it only takes one person not to wash their hands and to subsequently contaminate a door handle or a piece of equipment, to result in the whole production line being contaminated and subsequently all products prepared on that line."
"They noticed that his hands were dripping wet and they took a swab test: it was found in the laboratory that there was contamination by e-coli bacteria to such a degree that the number of 'colony forming units' could not accurately be counted. The result was recorded simply as being in excess of 1000cfus which was by far the highest which Ms Skakel had ever encountered and represented a very high concentration of e-coli bacteria. This gave her grounds to form the belief that after using the toilet the claimant had failed to wash his hands properly and had at least failed to use the prescribed soap which has the effect of killing of the bacteria."
"the fact that you showed no remorse for your actions."
The Tribunal's Judgment
"We found this witness's evidence to be quite hopeless in so far as assisting in the establishment of any facts was concerned. It was of such vagueness and imprecision that we could draw no conclusion from it whatsoever."
Relevant Law
The Appeal
Discussion and Decision
Dr Coutts' Interpretation Services
Whether the Tribunal contradicted themselves
Witness not called
Disposal